Originally posted 2017-12-25 10:00:02. Punitive damages are hard to come by in construction law cases. This is because almost all construction contract cases are exactly that: contract cases. Between the economic loss rule and the Virginia Courts’ almost (though not completely) impregnable wall between tort and contract, punitive damages may seem completely out of the […]
Another (Non-Dragas) Chinese Drywall Decision
Originally posted 2012-08-24 11:36:29. Here at Construction Law Musings, we’ve discussed the Dragas line of cases relating to Chinese Drywall. In those cases (for more, just plug in the word “Dragas” into the search field to the right of this post), the Court analyzed the insurance implications of remedial measures relating to Chinese Drywall. In […]
Contractors – Make Someone Else Pay Your Attorneys’ Fees
For this week’s Guest Post Friday at Construction Law Musings, we welcome Bryan G. Scott. Bryan is an attorney at Spilman Thomas & Battle, PLC. His primary areas of practice are commercial and business litigation, construction law and litigation, insurance coverage and bad faith, and products liability defense. If you read Construction Law Musings regularly […]
Tort or Contract? It’s All in the Pleading
If you’ve been reading Musings for any period of time, you’ve read about the fact that in most instances tort (i. e. negligence or fraud) claims and contract claims do not mix. Notice I said rarely. As is usually the case with a blanket statement like the one above, the Courts will tend to come […]
Contractors – Know Your State’s Consumer Protection Laws
For this week’s Guest Post Friday, we welcome back Nathan B. Hinch. Nate is an attorney at the law offices of Mueller, Reece & Hinch, LLC in Bloomington, Illinois, where his practice includes advising real estate, construction, environmental, and other businesses regarding the law, and represents them in conflict mitigation and resolution efforts, including arbitration, […]