Tag: source of duty rule

Business of Construction Construction Law Contracts

“Source of Duty,” Tort, and Contract, Oh My!

Originally posted 2021-02-03 11:07:05. Here at Construction Law Musings, I have discussed the general rule in Virginia that tort and contract do not mix.  I have also discussed a few narrow exceptions.  A Virginia Supreme Court case from October of 2019 lays out both sides of this issue in one glorious opinion. In Tingler v. […]

Construction Construction Law Contracts

Yet Another Reminder that Tort and Contract Don’t Mix

I have stated on numerous occasions here at Musings that in Virginia, contract claims and tort claims (read fraud) don’t mix.  A recent case from the Federal District Court for the Eastern District of Virginia presents another example of this principle.  In Itility LLC v. The Staffing Resource Group, Judge Ellis of the Alexandria Division, […]

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