Originally posted 2016-07-01 09:00:07.
It seems like only yesterday that I ventured out on my own and started my solo construction law practice back in 2010. The reaction and fulfillment since I announced my move on July 1, 2010 has been great. Friends, clients, colleagues and, most importantly, my wonderful family have helped my practice grow beyond what I could have envisioned six years ago. Continue reading Six Years as a Solo Construction Attorney! How Time Flies
As construction professionals (outside of us construction attorneys), you are likely to be focused on things like the scope of work in a construction contract, the price terms, payment, delays, change orders, and the like. However, the venue (where any lawsuit or arbitration will have to happen) and the choice of law (what state’s law applies) can be equally important. You need to know where you will have to enforce your rights under the contract and also what law will apply. Will you need to go to another state to enforce your rights? Even if not, will your local attorney have to learn the law of another jurisdiction? These are important questions when reading and negotiating your prime contract (if with the owner) or subcontract (if with the general contractor). Continue reading Construction Contract Basics: Venue and Choice of Law
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Originally posted 2013-05-27 09:00:37.
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.
Continue reading Another Exception to Fraud and Contract Don’t Mix
I wish you all Happy Holidays and Merry Christmas from The Law Office of Christopher G. Hill, PC, and Construction Law Musings. To all of my friends, colleagues, and most importantly, family, I hope you have a safe, warm, and wonderful holiday.
Thank you for your continued support and I look forward to a great 2024 with you, my readers.
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