Christopher G. Hill | Construction Law Musings I’ve discussed the continuing litigation between White Oak Power Constructors v. Mitsubishi Hitachi Power Systems Americas, Inc. previously here at Construction Law Musings because the case was another reminder that your construction contract terms matter and will be interpreted strictly here in the Commonwealth of Virginia. The prior opinion in this case from the… Continue reading Reasonableness of Liquidated Damages Determined at Time of Contract (or, You Can’t Look Back Again)
Tag: Virginia
Contracts and Fraud Don’t Mix (Even for Lawyers!)
Christopher G. Hill | Construction Law Musings In prior posts here at Construction Law Musings, I have discussed how fraud and contracts are often like oil and water. While there are exceptions, these exceptions are few and far between here in Virginia. The reason for the lack of a mix between these two types of claims is the so-called… Continue reading Contracts and Fraud Don’t Mix (Even for Lawyers!)
Sometimes You Get Away with Default (but don’t count on it)
Christopher G. Hill | Construction Law Musings As an almost universal rule here in Virginia, failing to show up for court or respond to a lawsuit is a bad idea. Consequences include default judgment against you without the right to defend or make your case. Courts simply enter judgment and the consequences of that judgment will… Continue reading Sometimes You Get Away with Default (but don’t count on it)
An Interesting Take on Unjust Enrichment from the Virginia Supreme Court
Christopher G. Hill | Construction Law Musings Construction jobs involve numerous contractual relationships between and among general contractors, suppliers, architects, and subcontractors (to name a few of the relationships). In most cases, aside from exceptions such as mechanic’s liens, the concept of contractual privity keeps those “lower” on the contractual chain from jumping over the party… Continue reading An Interesting Take on Unjust Enrichment from the Virginia Supreme Court
Promises to Pay Sub-subcontractor Exposes General Contractor to Liability for Unjust Enrichment
Amandeep S. Kahlon | Bradley On May 14, 2020, in James G. Davis Constr. Corp. v. FTJ, Inc., the Virginia Supreme Court upheld a judgment on an unjust enrichment claim in favor of FTJ, a drywall supplier on a condominium project, against Davis, the general contractor. Notably, FTJ did not have a purchase order with Davis,… Continue reading Promises to Pay Sub-subcontractor Exposes General Contractor to Liability for Unjust Enrichment