Tuesday, February 25, 2014

Civil Case Attorneys Virginia Fairfax Damages Contract Breach

If you are dealing with a civil case such as breach of contract, specific performance etc. in Virginia or about to go through a civil case in Virginia, contact us for help.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.

Contact our law firm today to speak with a lawyer today about your civil case.  An attorney from our firm will do his best to help you.

Our law firm has the necessary experience to assist you with this matter.  We will do our absolute best to help you get the best result possible based on the facts of your case.

Carlson v. Carlson

Facts:

The developer was held liable in other litigation for damages suffered by the plaintiffs in that action as a result of water intrusion into the condominium buildings cased by the actions or omissions of the developer's subcontractors and material suppliers in Fairfax. In a total of 56 counts, the developer asserted a cause of action against one or more of the subcontractors sounding in negligence, fraud, breach of express warranties, breach of implied warranties, breach of U.C.C. implied warranties, violation of the Virginia Consumer Protection Act, implied contractual indemnity, and equitable indemnity. In a previous letter opinion in the case, the subcontractors' demurrers to the developer's negligence cause of action were sustained. The court sustained most of the demurrers except as to the developer's equitable indemnity claim, holding that the developer sufficiently alleged that it was liable to the condominium association because of statutory warranties proscribed in Virginia's Condominium Act and that the actual cause of damages to the condominium association was caused by the subcontractors.

If you are facing a civil case in Virginia, contact a SRIS Law Group lawyer for help.  You can reach us at 888-437-7747.

Holdings:

The Virginia Court made the following holding:

  •   Damages are awarded in tort actions to compensate the plaintiff for all losses suffered by reason of the defendant's breach of some duty imposed by law to protect the broad interests of social policy. Damages for breach of contract, on the other hand, are subject to the overriding principal of compensation. They are within the contemplation and control of the parties in framing their agreement. They are limited to those losses which are reasonably foreseeable when the contract is made. In determining whether a cause of action sounds in contract or tort, the source of the duty violated must be ascertained. If the cause of complaint be for an act of omission or nonfeasance which, without proof of a contract to do what was left undone, would not give rise to any cause of action because no duty apart from contract to do what is complained of exists, then the action is founded upon contract, and not upon tort. If, on the other hand, the relation of the plaintiff and the defendants be such that a duty arises from that relationship, irrespective of the contract, to take due care, and the defendants are negligent, then the actions is one of tort. A tort action cannot be based solely on a negligent breach of contract.
If you are dealing with a civil case in Virginia or about to go through a civil case in Virginia, contact us for help.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.

Contact our law firm today to speak with a lawyer today about your civil case.  An attorney from our firm will do his best to help you.

We will do our absolute best to help you get the best result possible based on the facts of your case.  Our law firm has the necessary experience to assist you with this matter.

Disclaimer:

These summaries are provided by the SRIS Law Group.  They represent the firm’s unofficial views of the Justices’ opinions.  The original opinions should be consulted for their authoritative content.

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