Originally posted 2018-02-27 16:36:32. I have spoken on several occasions here at Construction Law Musings about the interplay (or lack thereof) between fraud and contract as it relates to construction in Virginia. The general rule is that fraud and contract claims don’t mix and a fraud claim in the face of a contractual one is […]
“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. […]
Default, Fraud, and VCPA (Oh My!)
I’ve discussed the Virginia Consumer Protection Act (VCPA) and the interaction between fraud and contract on numerous occasions here at Construction Law Musings. A recent case from the Eastern District of Virginia District Court discusses this interaction (along with that dreaded default) further. In Bhutta v. DRM Construction Corp., the homeowners, the Bhuttas, sued DRM […]
Default Should Never Be An Option
Every time I think that the construction industry has learned that failure to respond to a lawsuit is never the correct response, another case of default judgment comes out. I’ve discussed on multiple occasions that failure to respond can only lead to disaster. Aside from being barred from making any substantive response to the allegations […]
Why I “Muse” Every Week
Originally posted 2012-02-20 09:00:43. Recently, I’ve gotten numerous questions/comments from friends, clients and potential clients regarding how and why I continue to blog here at Construction Law Musings. My first answer is always that its fun. I know, it seems like a bit more work on top of a busy solo construction law practice. However, […]