cost defense (Virginia) · Go Syfert
← Virginia issues

cost defense in Virginia

5 Virginia opinions name it 2 courts 1955–2026 1 in the last five years

The cases below were cited by Virginia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Lochaven Co. v. Master Pools by Schertle, Inc.green
va · 1987 · cited in 1 Virginia opinions naming this issue, 2026–2026
1 sentence

2026The “cost measure is appropriate unless the cost to repair would be grossly disproportionate to the results to be obtained, or would involve unreasonable economic waste.” Lochaven Co. v. Master Pools by Schertle, Inc., 233 Va. 537, 543 (1987).

11
Mann v. Clowsergreen
va · 1950 · cited in 1 Virginia opinions naming this issue, 2026–2026
1 sentence

2026Under the cost rule, recovery is based on the “cost of correcting the defects in the [construction].” Id. (alteration in original) (quoting Mann v. Clowser, 190 Va. 887, 903 (1950)).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
General Accident Fire & Life Assurance Corp. v. Aetna Casualty & Surety Co. green
va · 1968
2 sentences

1968In affirming the trial court’s sustaining of Aetna’s demurrer, we recognized that Code § 38.1-380 (2) gives an injured person, having an unsatisfied judgment against a tort-feasor, the right to bring an action against the tort-feasor’s insurer, and recognized that Code § 38.1-381 (f) gives the injured person’s uninsured motorist carrier the right to bring an action against the tort-feasor,, but we held that General Accident, the uninsured motorist carrier, was neither subrogated to its insured’s right under Code § 38.1-380 (2) nor could it proceed under Code § 38.1-381 (f) against the tort-fea

1968In affirming the trial court’s sustaining of Aetna’s demurrer, we recognized that Code § 38.1-380 (2) gives an injured person, having an unsatisfied judgment against a tort-feasor, the right to bring an action against the tort-feasor’s insurer, and recognized that Code § 38.1-381 (f) gives the injured person’s uninsured motorist carrier the right to bring an action against the tort-feasor,, but we held that General Accident, the uninsured motorist carrier, was neither subrogated to its insured’s right under Code § 38.1-380 (2) nor could it proceed under Code § 38.1-381 (f) against the tort-fea

21968–1968
Nichols Const. v. Virginia MacHine Tool green
va · 2008
1 sentence

2026Under the cost rule, recovery is based on the “cost of correcting the defects in the [construction].” Id. (alteration in original) (quoting Mann v. Clowser, 190 Va. 887, 903 (1950)).

12026–2026
Strickland v. Sperry Rand Corp. neutral
ga · 1981
1 sentence

2005Id.

12005–2005
Challenge Cream & Butter Ass'n v. Parker green
cal · 1943
1 sentence

1955In California, Pennsylvania, New Jersey and Oregon, the courts have expressed views in harmony with our decision in Lucerne, etc. Co. v. Milk Commission, supra. Cf. Challenge Cream & Butter Ass’n. v. Parker, 23 Cal. (2d) 137, 142 P. (2d) 737 , 149 A. L.

11955–1955

Where else courts name it

CA 84 (1915–2026) NY 28 (1899–2019) LA 21 (1980–2022) IL 20 (1916–2022) NJ 19 (1971–2026) MI 18 (1945–2024) TX 17 (1986–2026) CO 16 (1960–2026) WA 16 (1972–2019) MD 15 (1975–2019) FL 14 (1981–2025) AZ 12 (1965–2019) PA 12 (1937–2017) MA 11 (1903–2026) IA 11 (1972–2025) MO 10 (1983–2021) MS 9 (1986–2004) WI 8 (1947–2026) AK 8 (1973–2025) OH 8 (1993–2026) MN 7 (1981–2016) CT 7 (1995–2019) GA 7 (1983–2025) OK 6 (1962–2015) KS 6 (1913–2009) IN 6 (2010–2020) TN 6 (1985–2013) NM 5 (1990–2015) NH 5 (2008–2021) VA 5 (1955–2026) NC 5 (1992–2018) OR 4 (1933–2021) HI 4 (2009–2016) WY 3 (1984–2021) RI 3 (1981–2006) AL 2 (1986–2010) SC 2 (1977–1999) NE 2 (1983–1984) ID 2 (1992–1997) NV 2 (1995–2021) MT 2 (1998–2003) UT 2 (1990–1997) DC 2 (1982–2025)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check