Originally posted 2011-11-04 09:00:46. On numerous occasions, I have discussed the need to be careful with so-called “pay if paid” clauses in construction contracts. While such clauses are enforceable in Virginia (when phrased correctly), there are exceptions and limitations (for instance in the Miller Act context). One such exception (that I frankly would have thought […]
Construction Contracts, Fiduciary Duty and Fraud
I have discussed the interplay between the economic loss rule, fraud and construction contracts on many occasions here at Construction Law Musings. You may ask why the consistent drumbeat? The answer lies in the fact that we attorneys tend to try and think of creative ways to avoid the economic loss rule when contractors act […]