Christopher G. Hill | Construction Law Musings I have stated on numerous occasions here at Musings that in Virginia, contract claims and tort claims (read fraud) don’t mix. A recent case from the Federal District Court for the Eastern District of Virginia presents another example of this principle. In Itility LLC v. The Staffing Resource Group, Judge… Continue reading Yet Another Reminder that Tort and Contract Don’t Mix
Month: December 2020
Contractor Loses Effort to Bind Remote Home Purchaser to Arbitration Clause
Jon Paul Hoelscher and Amendeep S. Kahlon | Buildsmart On December 8, 2020, in Taylor Morrison of Texas, Inc. v. Kohlmeyer, a Texas Court of Appeals rejected a contractor’s appeal of a trial court order denying the contractor’s motion to compel arbitration in a home construction defect dispute. The appellate court concluded that the theories of… Continue reading Contractor Loses Effort to Bind Remote Home Purchaser to Arbitration Clause
Be a Good Neighbor: Techniques to Mitigate the Risk of Claims From Adjacent Landowners
Joshua Levy, Josh Neudorfer and Madeleine Bailey | Construction Executive In May 2020, a real estate developer performing excavation work in New York was sued by a neighboring property owner for property damage. A court overturned an injunction preventing the developer from continuing excavation work after reviewing a preconstruction assessment that showed the damage to… Continue reading Be a Good Neighbor: Techniques to Mitigate the Risk of Claims From Adjacent Landowners
Be a Good Neighbor: Protect Against Claims by an Adjacent Landowner During Construction
Joshua Levy and Madeleine Bailey | Construction Executive There’s nothing like working in an office while pilings are being pounded into the ground next door, leading to crashing sounds of pile driving and the attendant afternoon headaches. Fortunately, that’s often the extent of a neighboring project’s real inconvenience. In other cases, however, construction in close… Continue reading Be a Good Neighbor: Protect Against Claims by an Adjacent Landowner During Construction
Documenting Contract Changes in Construction
J.D. Holzheauser | Construction Executive Construction projects are almost inevitably subject to changes in the contract. A fundamental understanding of construction changes, how those changes are governed and what is necessary to ensure a complete change are of paramount importance to all parties involved in a construction project. This article is not a treatise on… Continue reading Documenting Contract Changes in Construction