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 […]
Recent Construction Law Opinion Roundup
Originally posted 2014-01-20 09:00:06. Well, now that my suggestion of a new year’s resolution and quick review of a recent (and funny) book are done, we’re back to the more mundane, yet no less relevant, discussion of recent construction opinions here in Virginia. In the last quarter of 2013, the Virginia Circuit Courts in Norfolk […]
Another Reason to be Careful Before Walking
Originally posted 2011-12-05 14:36:35. We have discussed issues that may arise in the context of a residential construction project. Because most homeowners are not sophisticated in the ways of construction (and really shouldn’t be) expectations are key and keeping your nose clean as a contractor is key. Courts in some instances will lean toward the […]
Want Coverage for Construction Related Damage? You Need an Occurrence
Originally posted 2013-02-25 09:00:18. In reading the title to this post, you are likely thinking “Duh, of course you do, if nothing “occurs” then there is nothing to cover!” (or something to that effect). While this seems an obvious conclusion, we’re talking the world of law, construction and insurance coverage where nothing is easy and […]
When is an Improvement not an Improvement on a Construction Project?
Originally posted 2012-09-21 08:00:01. Today I am back on the legal analysis/interesting case train after a few weeks of getting my new solo practice (thank you to all who have wished me well in this endeavor) up and running and discussing various green building trends and topics. This week’s case discusses the operation of the […]