Thoughts on construction law from Christopher G. Hill, Virginia construction lawyer, LEED AP, mediator, and member of the Virginia Legal Elite in Construction Law

Tag Archives: Loudoun County Virginia

Another Exception to Fraud and Contract Don’t Mix

Originally posted 2013-05-27 09:00:37.

Map of Virginia highlighting Loudoun County
Map of Virginia highlighting Loudoun County (Photo credit: Wikipedia)

Here at Construction Law Musings, we’ve discussed the fact that, in Virginia, the “economic loss rule” generally renders claims of fraud and construction contracts like oil and water. This is true in most states, including Florida.

What this means is that as a general rule where any party is supposed to perform under a contract, and fails to do so, the Virginia courts will dismiss a fraud claim out of a desire to avoid turning any breach of contract (read “broken promise”) case into a claim for fraud.  As you have likely gathered by the title of this post, there are exceptions.  One is a properly plead Virginia Consumer Protection Act (“VCPA”) claim.

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Site Contractors, Be Careful When Apportioning Your Mechanic’s Liens

Mechanic’s liens are near and dear to our hearts here at Construction Law Musings.  Mechanic’s liens are a great weapon in the toolbox of any construction contractor in Virginia.  However, the rules for perfection of these liens are strict and failing to follow them to the letter will cause the lien to be thrown out.

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About Construction Law Musings

I am a construction lawyer in Richmond, Virginia, a LEED AP, and have been nominated by my peers to Virginia's Legal Elite in Construction Law on multiple occasions. I provide advice and assistance with mechanic's liens, contract review and consulting, occupational safety issues (VOSH and OSHA), and risk management for construction professionals.

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