Transcription of COMMONWEALTH OF VIRGINIA CONSTRUCTION LAW …
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COMMONWEALTH OF VIRGINIA CONSTRUCTION LAW …
Revised 2010 COMMONWEALTH OF VIRGINIA CONSTRUCTION LAW COMPENDIUM Prepared by John H. Craddock, Jr. LeClairRyan Riverfront Plaza, East Tower 951 East Byrd Street, Eighth Floor Richmond, VA 23219 (804) 783-2003 2 Following is an overview of CONSTRUCTION law in VIRGINIA . VIRGINIA CONSTRUCTION law has much in common with other states, with some important distinctions. CONSTRUCTION cases in VIRGINIA generally sound in contract law, as economic damages cannot be recovered in tort. VIRGINIA also disallows claims for strict liability, except with respect to abnormally dangerous activities or building materials provided by manufacturers and suppliers. I. Breach of Contract A. Possible Recovery Available to Plaintiffs In general, a homeowner must turn to contract law in order to recover damages for poor CONSTRUCTION , arguing that CONSTRUCTION defects represent a breach in the contract.
Standard form construction management contracts impose some design responsibility on the construction manager. It is likely that he too can be liable to the owner for defective design. However, there is relatively little case law addressing the construction manager's liability for defective design.
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