Construction Law Insights

Tingler v. Graystone Homes, Inc., 834 S.E.2d 244 (Va. Oct. 29, 2019)

In 2009, George and Crystal Tingler (the “Tinglers”) executed a construction contract with Graystone Homes, Inc. (“Graystone”) to construct a new home on property owned by a family run company, Belle Meade Farm, LLC (“Belle Meade”). The contract did not mention Belle Meade, but it was the owner of the land on which the home was built and it made the payments due under the contract to Graystone. The Tinglers claimed they entered into the contract on behalf of their principal, Belle Meade, and that Belle Meade was in privity of contract with Graystone. Alternatively, the Tinglers argued that Belle Meade was an intended third-party beneficiary.

Pole Green Dev. Co., LLC v. Columbia Gas Transmission, LLC, 785 Fed. Appx. 106 (4th Cir. Oct. 29, 2019)

Pole Green Development Company, LLC (“Pole Green”) sued Columbia Gas Transmission, LLC (“Columbia Gas”) after Pole Green’s prospective agreement to purchase property for residential development fell through because of a pipeline easement held by Columbia Gas. In its amended complaint Pole Green asserted inverse condemnation, unlawful taking, breach of contract, and intentional interference. The district court dismissed the case and Pole Green appealed.

Krauss v. Apex Custom Homes, LLC, 2019 Va. Cir. LEXIS 1203 (Loudoun Cnty. Cir. Ct. Nov. 26, 2020)

On March 24, 2015, Paul and Holly Krauss (“Krausses”) contracted with Scott Prendergast (“Prendergast”) and Apex Custom Homes, LLC (“Apex Homes”) for the construction of a home (the “Home”) and with Daniel Morgan (“Morgan”) and Apex Custom Pools, LLC (“Apex Pools”) for the construction of a swimming pool at the Home (the “Pool”). Prendergast was the sole member of Apex Homes. Morgan was the sole member of Apex Pools. Apex Pools, through Morgan, used Apex Homes’ general contractor license, but neither Prendergast nor Apex Homes knew that Morgan used the general contractor’s license of Prendergast or that Morgan was unlicensed when Prendergast referred the Krausses to Apex Pools. Before the bench trial, Apex Pools filed for bankruptcy.

In re Kerlavage v. America's Home Place, Inc., 2019 Va. Cir. LEXIS 1188 (Spotsylvania Cnty. Cir. Ct. Dec. 16, 2019)

In re Kerlavage v. America's Home Place, Inc., 2019 Va. Cir. LEXIS 1187 (Spotsylvania Cnty. Cir. Ct. Dec. 23, 2019)

According to Jeffrey Kerlavage’s (“Kerlavage”) Amended Complaint, he contracted with America’s Home Place, Inc. (“AHP”) in June and July of 2014 to build a home. Construction began in October of 2014. AHP hired several subcontractors to perform work on the home. Specifically, Indoor Comfort Experts, LLC (“ICE”) to install an HVAC system, Building Services Group d/b/a Cary Quality Insulation and Building Products (“Cary Quality”) to install a vapor barrier within the crawl space, Vangorder Contracting, LLC (“Vangorder”) for carpentry in the crawl space, Brandonbilt Foundation, Inc. (“Brandonbilt”) to waterproof the home and lay a foundation drain in the crawlspace, and PermaTreat Pest Control Company (“PermaTreat”) to remediate mold in the home. After

Appalachian Power Co. v. Wagman Heavy Civil, Inc., 2018 U.S. Dist. LEXIS 201259, 2019 WL 6188303 (W.D. Va. Nov. 20, 2019)

Wagman Heavy Civil, Inc. (“Wagman”) and the Virginia Department of Transportation (“VDOT”) contracted for the design and construction of a highway interchange project (the “Project”). Wagman and the Appalachian Power Company (“APCO”) entered into a written contract (the “Written Contract”) for APCO to remove and relocate its utility structures (the “Work”) in order to facilitate construction for the Project.

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