Christopher G. Hill | Construction Law Musings I’ve discussed the Virginia Consumer Protection Act (VCPA) and the interaction between fraud and contract on numerous occasions here at Construction Law Musings. A recent case from the Eastern District of Virginia District Court discusses this interaction (along with that dreaded default) further. In Bhutta v. DRM Construction Corp., the homeowners, the Bhuttas, sued DRM… Continue reading Default, Fraud, and VCPA (Oh My!)
Tag: Fraud
Contractor’s Overstatements of Amounts Owed Were a Simple Failure to Abide By Contract Terms, Requiring Reversal of Statutory Fraud Judgment
W. Matthew Bryant and Bethany Beaver | Saul Ewing The Illinois Appellate Court reversed a trial court’s statutory fraud judgment against a contractor in a defective construction case. The Appellate Court held that as a matter of law: (1) a contractor’s misstatement of amounts due for work did not support a statutory fraud claim even… Continue reading Contractor’s Overstatements of Amounts Owed Were a Simple Failure to Abide By Contract Terms, Requiring Reversal of Statutory Fraud Judgment
Party Cannot Skirt Out of the Very Fraud it Perpetrates
Edward Garber | Florida Construction Legal Updates An interesting case came out of Florida’s Fourth District Court of Appeal that touches upon two important points. First, the independent tort doctrine does not apply when there is not a contract between the parties. Second, an officer cannot escape fraud simply by claiming his or her actions were done… Continue reading Party Cannot Skirt Out of the Very Fraud it Perpetrates
Don’t do this When it Comes to Construction Liens
David Adelstein | Florida Construction Legal Updates When it comes to preparing and recording a construction lien, this case is an example of what NOT TO DO! I mean it — this exemplifies what NOT TO DO! It is also a case study of why a party should always work with counsel in preparing a… Continue reading Don’t do this When it Comes to Construction Liens
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!)