Contracts and Commercial Law

Recent Posts

Business Tort Case Moves Forward Against Virginia Company
Posted on 12 Aug 2013 by Lee Berlik

AWP, Inc. is engaged in the business of traffic control solutions for road construction sites and emergency situations. AWP alleges that Shawn Watkins, a former employee, began his own traffic control business, Traffic Control Solutions, LLC (TCS) while... Read More

Fourth Circuit Asks Virginia Supreme Court to Clarify Business Conspiracy Statute
Posted on 4 Sep 2013 by Lee Berlik

Sometimes a court must decide a matter that turns on the law of another jurisdiction. If the other jurisdiction's law is unclear, the deciding court can make a formal request to its sister court asking that court to clarify an issue. The Fourth Circuit... Read More

Optional Liquidated Damages Clause Held Unenforceable
Posted on 30 Jul 2014 by Lee Berlik

Liquidated damages are damages the amount of which has been agreed upon in advance by the contracting parties. When a contract contains a liquidated-damages provision, the amount of damages in the event of a breach is either specified, or a precise method... Read More

Virginia Won't Allow You to Blue-Pencil That Non-Compete
Posted on 30 Sep 2014 by Lee Berlik

In Virginia, covenants not to compete (a.k.a. non-competition agreements or simply "noncompetes") are considered restraints on trade and are therefore disfavored in the law. Unlike California, which prohibits them outright , Virginia will enforce... Read More

Negligent Breach of Contract Is Not a Tort in Virginia
Posted on 17 Jul 2013 by Lee Berlik

Although parties can sometimes demonstrate both breach of contract and a tortious breach of duty, the duty in such cases must arise separate from the contractual duty, and negligent performance of a contract cannot form the basis for a tort claim. The... Read More

Is the Mechanic’s Lien or Bond Waiver Clause in Your Contract Enforceable in Virginia?
Posted on 23 Jul 2015 by Williams Mullen

by W. Alexander Burnett A new Virginia law invalidates any mechanic’s lien or payment bond waiver signed before work has commenced. The Governor recently signed new legislation into law, effective July 1, 2015, that invalidates waivers of... Read More

  • Blog Post: Negligent Breach of Contract Is Not a Tort in Virginia

    Although parties can sometimes demonstrate both breach of contract and a tortious breach of duty, the duty in such cases must arise separate from the contractual duty, and negligent performance of a contract cannot form the basis for a tort claim. The United States District Court for the Western District...
  • Blog Post: Business Tort Case Moves Forward Against Virginia Company

    AWP, Inc. is engaged in the business of traffic control solutions for road construction sites and emergency situations. AWP alleges that Shawn Watkins, a former employee, began his own traffic control business, Traffic Control Solutions, LLC (TCS) while still working at AWP, and that he misappropriated...
  • Blog Post: Fourth Circuit Asks Virginia Supreme Court to Clarify Business Conspiracy Statute

    Sometimes a court must decide a matter that turns on the law of another jurisdiction. If the other jurisdiction's law is unclear, the deciding court can make a formal request to its sister court asking that court to clarify an issue. The Fourth Circuit recently invoked this procedure and certified...
  • Blog Post: Optional Liquidated Damages Clause Held Unenforceable

    Liquidated damages are damages the amount of which has been agreed upon in advance by the contracting parties. When a contract contains a liquidated-damages provision, the amount of damages in the event of a breach is either specified, or a precise method for determining the sum of damages is laid out...
  • Blog Post: Virginia Won't Allow You to Blue-Pencil That Non-Compete

    In Virginia, covenants not to compete (a.k.a. non-competition agreements or simply "noncompetes") are considered restraints on trade and are therefore disfavored in the law. Unlike California, which prohibits them outright , Virginia will enforce such agreements if (and only if) they (1) satisfy...
  • Blog Post: Is the Mechanic’s Lien or Bond Waiver Clause in Your Contract Enforceable in Virginia?

    by W. Alexander Burnett A new Virginia law invalidates any mechanic’s lien or payment bond waiver signed before work has commenced. The Governor recently signed new legislation into law, effective July 1, 2015, that invalidates waivers of subcontractors’, sub-subcontractors’ and...