Christopher G. Hill | Construction Law Musings If there is a theme I have pounded upon here at Construction Law Musings in the over 13 years of posting, it is that the specific terms of your construction contracts will make a huge difference. While there have been reminders galore, a case from the Eastern District of Virginia… Continue reading More Reminders that the Specific Contract Terms Matter
Tag: Breach of Contract
Where Breach of Contract and Tortious Interference Collide
Christopher G. Hill | Construction Law Musings Claims for breach of contract are numerous in the construction law world. Without these claims we construction attorneys would have a hard time keeping the doors open. A 2021 case examined a different sort of claim that could arise (though, “spoiler alert” did not in this case) during the course… Continue reading Where Breach of Contract and Tortious Interference Collide
Homeowner’s Claims Defeated Because “Gravamen” of Complaint was Fraud, not Breach of Contract
Garret Murai | California Construction Law Blog Be careful what you wish for or, as in the next case, what you plead. In Vera v. REL-BC, LLC, Case Nos. A155807, A156823, and A159141 (June 30, 2021) 1st District Court of Appeal, a the buyer of a remodeled home who asserted breach of contract and fraud claims… Continue reading Homeowner’s Claims Defeated Because “Gravamen” of Complaint was Fraud, not Breach of Contract
Recovering Attorneys’ Fees for Breach of Contract
Saira S. Siddiqui and Ryan T. Kinder | Buildsmart Texas lawyers finally have the ability to recover attorneys’ fees on behalf of their clients in all breach of contract matters, regardless of whether the other party is an individual, corporation, limited partnership, or limited liability company. The Texas Legislature has expanded the scope of Chapter… Continue reading Recovering Attorneys’ Fees for Breach of Contract
Anticipatory Repudiation of a Contract – the Prospective Breach
David Adelstein | Florida Construction Legal Updates There are instances where a party can engage in the anticipatory repudiation of their obligations under a contract. In essence, this is basically a party prospectively breaching the contract by repudiating their obligations in the contract. A prospective breach of contract occurs where there is absolute repudiation by one of the parties prior to the time when… Continue reading Anticipatory Repudiation of a Contract – the Prospective Breach