Thoughts on construction law from Christopher G. Hill, Virginia construction lawyer, LEED AP, mediator, and member of the Virginia Legal Elite in Construction Law

Tag Archives: Virginia Lawyers Weekly

Another Exception to Fraud and Contract Don’t Mix

Originally posted 2013-05-27 09:00:37.

Map of Virginia highlighting Loudoun County
Map of Virginia highlighting Loudoun County (Photo credit: Wikipedia)

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.

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Don’t Waive Your Jury Trial Waiver Clause

For this week’s Guest Post Friday, Construction Law Musings goes local.  Tom Lane is a litigation attorney at ThompsonMcMullan in Richmond, Virginia, and practices in various areas, including construction law.  Tom graduated from the University of Virginia School of Law in 2001, and he has been associated with ThompsonMcMullan since 2006. In an article published

Important Construction Opinions of 2012

As they do every year, Virginia Lawyers Weekly produces their editors choices of the important opinions of the year.  2012 was no different. Among these opinions are many that affect the construction industry in Virginia. The opinions that made the cut ranged in topic from mechanic’s liens to the source of duty rule.  I particularly

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About Construction Law Musings

I am a construction lawyer in Richmond, Virginia, a LEED AP, and have been nominated by my peers to Virginia's Legal Elite in Construction Law on multiple occasions. I provide advice and assistance with mechanic's liens, contract review and consulting, occupational safety issues (VOSH and OSHA), and risk management for construction professionals.

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