Supreme Court of Virginia

Richmond Metropolitan Authority v. McDevitt Street Bovis, Inc.

November 6, 1998256 Va. 553

Summary

The Court affirmed dismissal of Richmond Metropolitan Authority’s actual- and constructive-fraud claims arising from defects in the construction of a baseball stadium. It held that the alleged misrepresentations, concealment, and negligent performance involved duties created solely by the construction contract and therefore supported contract, not tort, claims. The Court also rejected the argument that the alleged misrepresentations constituted fraud in the inducement because the record did not show that McDevitt intended not to perform when it entered the contract.