Remember the one about differing site conditions? (just kidding, that was never a joke). However, any site contractor knows that these differing conditions can be the bane of its existence. Recently, the Danville, Virginia Division of the Federal District Court for the Western District of Virginia weighed in on the differing site conditions debate. In […]
Reminder: Quantum Meruit and Breach of Construction Contract Don’t Mix
Construction contracts (preferably written ones) are near and dear to my heart here at Construction Law Musings. In a world where the contract is king, having a written construction agreement is a key component of any properly run construction project. However, even with the best construction contract there are claims (Murphy was an optimist after […]
Always Show Up For Court, Or Else. . .
I have often discussed construction payment bond claims from the perspective of the subcontractor or supplier making the claim. However, a recent case (that I only have the Virginia Lawyers Weekly link for) discusses the potential dire consequences of such a claim for a payment bond principal and any guarantor under that bond. In Hanover […]
Dragas Management: The Saga Continues
I am beginning to think that I should start a page just dedicated to the Dragas Management Chinese Drywall saga. If you remember, Dragas is the company that tried to do the right thing and help its customers. However, it made the mistake of doing this without a “claim” so its insurance did not need […]
Virginia Construction Law Roundup
Recently the state and federal courts here in the Commonwealth of Virginia made two construction law rulings that I thought you all would find interesting. The first of these involves the infamous Chinese drywall discussed in this blog on a couple of occasions. In another ruling in the continuing saga of Dragas Management (remember the […]