Construction Law Insights

Chrisley v. Dan Ryan Builders Mid-Atlantic, LLC, 2020 U.S. Dist. LEXIS 38374, 2020 WL 1066341 (W.D. Va. Mar. 5, 2020)

In March 2018, the plaintiffs sued Dan Ryan Builders Mid-Atlantic, LLC and Dan Ryan Builders West Virginia, LLC (collectively “DRB”) for negligent construction and repair of their property and for personal injuries. In August 2018, DRB filed a Third-Party Complaint against various subcontractors, including Builders FirstSource Atlantic-Group, LLC (“Builders FirstSource”); Fine Line Trim, LLC; and Cranford Contractors, Inc. In September 2018, the plaintiffs filed an Amended Complaint against the subcontractors. On January 28, 2019, Builder FirstSource filed a Fourth Party Complaint against MI Windows and Doors, Inc. (“MI Windows”). In April 2019, a Scheduling Order was entered and a jury trial was scheduled for July 27, 2020. The Scheduling Order’s deadline for parties to

W.C. English, Inc. v. Rummel, 2020 U.S. Dist. LEXIS 19042, 2020 WL 534532 (W.D. Va. Feb. 3, 2020)

W.C. English, Inc. (“English”) moved to exclude CDM Smith, Inc.’s (“CDM”) expert Robert Scheller and Rummel, Klepper & Kahl, LLP’s (“RK&K”) expert William Sibert. RK&K and CDM moved to exclude testimony by three witnesses for English: (i) Gary Galloway; (ii) Jehugh Crouch; and (iii) Bernard Davis.

McClung-Logan Equip. Co. v. Harbour Construction, Co., 2019 Va. Unpub. LEXIS 31, 2019 WL 6792473 (Va. Dec. 12. 2019)

In December 2011, McClung-Logan Equipment Company, Inc. (“McClung”) filed suit against Harbour Constructors, Co. and Cross-Land Harbour, Inc. (collectively, “Harbour”) alleging a breach of contract for failing to pay for the rental of construction equipment. In December of 2016, Harbour moved to dismiss and asked the court to enforce the contract’s forum selection clause, which provided for Maryland as the venue. The trial court stayed the Virginia proceedings for a period of six months to allow for refilling and, upon notice to the trial court of a new filing in Maryland, the Virginia proceedings would be dismissed. If, after six months, neither party filed suit in Maryland, the Virginia proceedings would be placed back on the docket for trial. Prior to the expiration of the

Caldwell-Bono v. State Bldg. Code Tech. Review Bd., 2019 Va. App. LEXIS 273 (Va. Ct. App. Nov. 26, 2019)

Deborah Caldwell-Bono and Benny Bono (the “Bonos”) own properties near the property of Kimberly Bolden and her mother (the “Boldens”) and operate an equestrian center on one of the properties. The Boldens’ property was zoned for agricultural use, but the Boldens were granted a special use permit to host weddings and other events in a converted barn. The Bonos alleged that the Boldens’ event business caused noise, traffic, and other safety risks that affected their equestrian center’s business and made it difficult to find renters. In support of their allegations, the Bonos submitted the opinion of an architect who stated the barn was a fire risk due to exposed wiring in the barn.

Brian Wishneff & Assocs. LLC v. Delshah Dev., Inc., 2019 U.S. Dist. LEXIS 194427, 2019 WL 5865939 (W.D. Va. Nov. 8, 2019)

Brian Wishneff & Associates LLC (“Wishneff”) provides tax credit consulting services to real estate developers and has offices in Roanoke and Arlington, Virginia and each of its members are a Virginia resident. Delshah Development, Inc. (“Delshah”) is a real estate development corporation based in New York City and Michael Shah is its president.

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