Originally posted 2014-11-10 09:36:15. I’ve discussed the economic loss rule here at Musings on several occasions. The economic loss rule basically states that where one party assumes a duty based in contract or agreement, the Virginia courts will not allow a claim for breach of that duty to go forward as anything but a contract […]
Construction Delay Damages Can Be Tough to Show
Originally posted 2012-06-11 09:58:43. Recently, there have been a few cases in construction that have grabbed the headlines (or at least those at this and some other blogs). The biggest stir seems to be from the Jacobs Engineering case discussed so ably by Matt Bouchard in last Friday’s Guest Post. However, while the “headlines” were […]
The Picky Nature of Mechanic’s Liens (or Why you need to count back from 150 before filing)
Originally posted 2009-03-30 09:00:00. On numerous occasions here at Musings, I have discussed the almost ridiculously picky nature of mechanic’s liens in the Commonwealth of Virginia. The so called “150 day rule” found in Virginia Code Section 43-4 is no exception. The 150-day rule means that a contractor or material man can only include in […]
Don’t Just Document- Document Right!
Originally posted 2011-05-20 09:00:20. I have stated to clients on many occasions that paper is a lawyer’s best friend. Because of a recent case from the Virginia Supreme Court, I should modify that to the correct paper is a lawyer’s best friend. In Commonwealth v. AMEC Civil, LLC, AMEC sued the Virginia Department of Transportation […]
Resolve to Mediate Your Construction Disputes in 2014
Originally posted 2014-01-13 09:00:34. After last week’s quick detour to discuss Kevin Underhill’s great book, we’re back to discuss more “serious” topics. Namely, how to move forward relating to your construction disputes in 2014. As anyone that regularly reads Construction Law Musings knows, I am a Virginia Supreme Court certified mediator and an advocate of […]