As we enter the month of December, thoughts of the holidays start to enter our heads. Holiday music, shopping, smiles and a warm fire tend to take one’s thoughts away from business and toward family. What could go wrong during this chilly, somewhat hectic, but joyful time of year? I hate to be a Grinch, […]
Be Careful With Construction Fraud Allegations
Here at Construction Law Musings we have discussed the intersection of contracts, construction and fraud on several occasions. We’ve even discussed how such fraud can bleed over from the civil to the criminal. Recently, the Virginia Supreme Court weighed in again on the question of construction fraud and criminal allegations. In O’Connor v. Tice, the […]
No Setoff Between Bonded and Non-Bonded Projects
As any reader of Construction Law Musings knows, payment bond claims are a big part of my law practice. You have also likely read through the federal cases relating to the Miller Act that you can find here. On trend in these federal cases in the Virginia district courts is that determining set off rights […]
In Construction Your Contract May Not Always Preclude a Negligence Claim
Here at Construction Law Musings I have discussed the interaction of the so called “economic loss rule,” construction contracts and tort claims on numerous occasions. The general rule is that where a duty to perform in a certain way arises from the contract, the Virginia courts will not allow a plaintiff to turn a contract […]
Check Out the VBA’s New Construction Law Blog
The Virginia Bar Association has launched a great construction resource (to read along with Musings of course) for all of you construction attorneys out there. My pals Scott Kowalski and Josh Johnson are the curators and driving force behind the effort.