Tag: virginia construction mediation

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 for breach of contract, conversion, fraud, and a violation of the VCPA.  These allegations were based upon DRM having taken a $40,000.00 deposit from the Bhuttas and then failing to even begin work.  As you may have guessed from the title of this post, DRM did not respond to the Complaint and the Court granted default.  The Court then took up the question of whether the Bhuttas had alleged enough on each count for default judgment on those counts. After going through a procedural recitation and finding that DRM was properly served and that the Court had jurisdiction, the Court got to the meat of the matter. Continue reading Default, Fraud, and VCPA (Oh My!)

Thank You for Seven Years of Election to Super Lawyers

It is with humility and a sense of accomplishment that I announce that I have been selected for the seventh straight year to the Virginia Super Lawyers in the Construction Litigation category for 2023.  Add this to my recent election to the Virginia Legal Elite in Construction and I’ve had a pretty good year.  As always, I am thrilled to be included on these peer-elected lists.

So without further ado, thank you to my peers and those on the panel at Virginia Super Lawyers for the great honor. I feel quite proud to be part of the 5% of Virginia attorneys that made this list for 2023.

The full lists of Virginia Super Lawyers will appear in the May edition of Richmond Magazine. Please check it out.

If you want to see the lists before then, a digital version of the Virginia Super Lawyers Magazine is available here.

Thanks again to all of you who participated in my nomination and election.

As always, I welcome your comments below. Please subscribe to keep up with this and other Construction Law Musings.

Happy New Year! Looking Back and Forward

Originally posted 2017-01-31 10:45:31.

English: Bust of the god Janus, Vatican museum, .
English: Bust of the god Janus, Vatican museum, . (Photo credit: Wikipedia)

It is the time of the year here at Construction Law Musings where we look back at a great 2015 and forward to an even better 2016.

This past year was another good one for both Musings and my law practice.  Musings hit its 7 year anniversary and added a few more Guest Post Friday friends and posters.  I was honored with a 9th straight year of election by my peers to the Virginia Business Magazine Legal Elite in the Construction Law category.  I grew my mediation practice and was able to assist several others in resolving their disputes short of costly litigation.  I also hit the 5 year mark since I opened my solo construction law practice in 2010.  In short, there were many highlights for me and my practice in 2015.  Thanks to all of you that helped make it a great year. Continue reading Happy New Year! Looking Back and Forward

Hard To Handle

For this week’s Guest Post Friday here at Construction Law Musings, we welcome back Brian L. Hill.  Brian is a construction consultant known for helping clients solve complex issues related to the architecture, engineering and construction (AEC) industry. He is also the editor and publisher of AECforensics.com, which dissects the latest trends impacting quality and risk management in the built environment.

For the better part of twenty years, I’ve had a front row seat to over 1,000 construction lawsuits, claims and other disputes. Whether it is allegations over defective design, manufacture or installation, or claims of delay or cost overruns, or related to injuries, death, or even diminished value, there are some clear trends and patterns that have emerged over the years. The past decade in particular has seen sweeping changes to the nature of construction claims and disputes, and as a result, many veterans in the legal, insurance claims and expert services arena have struggled to adapt. Continue reading Hard To Handle

Happy Thanksgiving from Construction Law Musings

The First Thanksgiving, painting by Jean Louis Gerome Ferris (Photo credit: Wikipedia)

It is that time of year again when I find it appropriate to reflect on the great things in my life.  As I sit here with family on this Thanksgiving Day 2016,  I have much to be thankful for.  I have a thriving construction law practice, great clients, wonderful friends and of course the best, most supportive, family a solo construction attorney like me could ask for.  I also have some great readers and guest post contributors that make this corner of the “blawgosphere” (if that’s even a word anymore) a more interesting place.

So without further ado, I wish you all a wonderful, happy and family filled Thanksgiving.  Have a wonderful holiday.

As always, I welcome your comments below.  Please subscribe to keep up with this and other Construction Law Musings.

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