Construction Law Insights

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.

Theuer v. Norfolk Air Heating & Cooling, Inc., 2020 Va. Cir. LEXIS 190 (City of Norfolk Cir. Ct. Oct. 7, 2020)

In count four of her complaint, plaintiff Elise Theuer alleged that defendant Norfolk Air Heating & Cooling, Inc. (“Norfolk Air”) violated the Virginia Home Solicitation Sales Act (the “Act”) regarding a contract for the installation of an HVAC system for Theuer’s historic residential property in Norfolk, Virginia. According to the complaint, the first contact between the parties occurred following Theuer’s call to Norfolk Air for an appointment to discuss a ductless or “mini-splits” system for her home. During the appointment, Norfolk Air provided a typed quote dated September 25, 2017, and Theuer signed the quote on November 21, 2017. The quote did not include any notice of a right of cancellation. After Norfolk Air installed the system, it failed to operate properly, and, after multiple

SourceOne, Inc. (DE) v. ESI, Inc. of Tenn., 2020 U.S. Dist. LEXIS 133045 (E.D. Va. Jul. 27, 2020)

DuPont contracted with Veolia Energy Operating Services LLC (“Veolia”) to upgrade the utilities infrastructure at a DuPont plant in Richmond, Virginia. Veolia, in turn, contracted with SourceOne, Inc. (DE) (“SourceOne”) to handle the design, procurement, installation, and commissioning for upgrading the cogeneration plant’s burners from coal-fired to natural gas-fired. SourceOne had contracted with ESI, Inc. of Tennessee (“ESI”) to provide engineering services for the burner upgrades. The SourceOne-ESI agreement included a warranty for ESI’s work and an indemnification provision in favor of SourceOne. ESI recommended Coen Company, Inc. and John Zink to supply the new burners for the project (“suppliers”). Significant problems developed with the burners, resulting in damage to downstream superheater equipment and a decrease of the equipment life.

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