Construction Law Insights

In re Lansdowne Constr., LLC, 2020 Bankr. LEXIS 461, 2020 WL 930107 (Bankr. E.D. Va. Fed. 21, 2020)

In June 2016, 3 Boys, LLC (“3 Boys”) and Lansdowne Construction, LLC (“Lansdowne”) entered into a contract (the “Contract”) for Lansdowne to serve as a general contractor on the Rosner Stafford Toyota project in Stafford, Virginia. The Contract required Lansdowne to warrant with the submittal of an Application for Payment (“Pay App”) that all Work for which Certificates for Payment were previously issued and payments received from the Owner was free and clear of liens and claims in favor of subcontractors or material suppliers by reasons of having provided labor or materials relating to the Work. The Contract also gave the Architect the right to withhold payment if a lien was filed or likely would be filed and gave the Owner the right to issue joint checks to Lansdowne and any subcontractor or material supplier whom Lansdowne failed to pay.

Watts v. 350 Church St. LLC, 103 Va. Cir. 386 (Fairfax Cnty. Cir. Ct. Nov. 19, 2019)

Following delays in the construction of their new home, homeowners terminated their building contract and demanded that the builder return their deposit. When the builder refused, the homeowners filed suit under two theories of recovery: (i) violations of the Virginia Consumer Protection Act (“VCPA”); and (ii) unjust enrichment. The defendants counterclaimed for breach of contract. The plaintiffs moved to strike the defendants’ attorneys’ fees. At the end of a bench trial, the Court granted the plaintiffs’ motion to strike defendants’ attorneys’ fees because the defendants produced no evidence during the trial of attorneys’ fees.

Myrick v. Rare Hospitality Int'l, Inc., 2020 U.S. Dist. LEXIS 6227, 2020 WL 201050 (E.D. Va. Jan. 13, 2020)

Rachel Myrick (“Myrick”) was bit by a copperhead snake while dining at a restaurant and filed a complaint for common-law negligence against Southpoint II, LLC (“Southpoint”), W.J. Vakos & Company, and W.J. Vakos Management Company (collectively, the “Developers”). Myrick alleged that Southpoint acquired, designed, and developed a 264-acre property in Spotsylvania County (the “Property”) in 2001 and the Developers built a man-made storm water retention pond that bordered the restaurant. Myrick alleged that copperheads frequently hibernate in dens made of rocks and that the retention pond contained decorative boulders and plantings. Myrick alleged that the Developers knew or should have known that the retention pond and its surrounding

Freemason St. Area Ass'n v. City of Norfolk, 103 Va. Cir. 244 (City of Norfolk Cir. Ct. Oct. 21, 2019)

A property was built in 1901 in the West Freemason Section of Norfolk, Virginia (the “Grandy House”). In 1977, the City of Norfolk (“City”) established the West Freemason Historic District (the “Historic District”) and the Grandy House contributed to the Historic District. In 2015, Dr. Mark S. Sinesi (“Sinesi”) purchased the Grandy House with the intent to renovate the Grandy House. Sinesi developed construction plans and expended funds in support of this effort. On December 16, 2016, an arsonist set the house on fire, damaging the porch and the interior. Due to the damage, the City issued multiple citations to Sinesi, which required that he make certain repairs or improvements to the Grandy House. Sinesi did not make the repairs or improvements. On June

West v. Christopher Consultants, 2020 Va. Cir. LEXIS 82 (Loudoun Cnty. Cir. Ct. Jun. 10, 2020)

After moving in, new-home purchasers discovered that their home was subject to flooding. Evidence indicated that both the homeowners association (“HOA”) and the engineering firm that designed the community’s stormwater flows knew about the flooding beforehand.

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