Posts filtered by tags: Business of Construction[x]


 

Be Aware of Two New Statutes that Became Effective May 1, 2021

On May 1, 2021, two new statutes that passed in 2020 and that directly affect construction became effective.  I’ve used the AGC-VA description of the bills and encourage you to read the statutes in full. Prevailing Wage Starting May 1, 2021, Virginia’s new prevailing wage statute takes effect. This statute requires any contractor bidding on state procurement jobs to pay prevailing wages for work completed on the project. Further, localities and some institutes of higher education have the option...
Tags: Law, Virginia, Construction, PLA, VDOT, Richmond VA, Construction Law, Construction Mediation, Business of Construction, Virginia Construction Lawyer, AGCVA, AGC VA, Prevailing Wage, Project Labor Agreement


More thoughts on Virginia Mechanic’s Liens

Originally posted 2010-04-30 09:00:16. As we settled yet another construction case on the courthouse steps today, I began to think about what I should post to begin 2009. Of course, given the construction industry slowdown that is predicted, and the trend at construction projects around the Commonwealth of Virginia that looks to me as if payments will be harder to come by from Owners less willing, for financial reasons, to work with contractors, mechanic’s liens will be more useful, and necessa...
Tags: Real Estate, Law, Virginia, Contract, Construction, Lawyer, Attorney, Richmond, Contractor, Richmond VA, Lien, Construction Law, Mechanic's Liens, Business of Construction, Mechanic Liens, Mechanic's Lien


English v. RKK- There is Even More to the Story

Just when you thought that the litigation between W. C. English and RKK had no more to give (after all, there have been posts with wisdom from this case here, here, and here), it keeps on giving.  A involved, among other pre-trial motions, motions by English to exclude expert witness testimony.  English sought to exclude Defendant CDM Smith, Inc’s expert testimony relating to CDM’s standard of care, the replacement of the bridge deck, English’s failure to fire CDM, and additional contributing ...
Tags: Law, Virginia, Court, Construction, Contracts, Richmond VA, Rummel, Construction Law, Business of Construction, Virginia Construction Lawyer, Construction Mediator, English Construction, Expert Witness, English v RKK, Defendant CDM Smith Inc


Construction Delay Damages Can Be Tough to Show

Originally posted 2012-06-11 09:58:43. The Supreme Court of Virginia Building Richmond, Virginia (Photo credit: Wikipedia) Recently, there have been a few cases in construction that have grabbed the headlines (or at least those at this and some other blogs).  The biggest stir seems to be from the Jacobs Engineering case discussed so ably by Matt Bouchard in last Friday’s Guest Post.  However, while the “headlines” were grabbed by the U. S. Supreme Court’s decision not to review that case, th...
Tags: Supreme Court, Law, Wikipedia, Virginia, Time, Court, Contracts, Amec, U S Supreme Court, VDOT, Virginia Supreme Court, Virginia Department of Transportation, Trial Court, Jacobs Engineering, Construction Law, Business of Construction


If You Think Only Lawyers Preach a Good Contract

Originally posted 2013-07-30 09:00:41. Contracts (Photo credit: NobMouse) Here at Construction Law Musings, we always preach that a good contract is the best way to start a project off right.  No only do the Virginia courts enforce these contracts to a “T,” a well drafted contract can and does set the expectations for both sides so that those wonderful grey areas that we construction attorneys love to play in do not exist. A good construction contract sets expectations, educates those that...
Tags: Business, Law, Virginia, Contract, Construction, Lawyer, Contracts, Michael Stone, Richmond VA, Stone, Construction Law, Business of Construction, Construction Law Musings, Courts of Virginia, Constructionlaw, Va Construction Attorney


More on Duty to Defend a Subcontractor

Originally posted 2015-02-13 09:11:48. (Photo credit: Wikipedia) While we don’t often discuss insurance coverage issues here at Construction Law Musings, occasionally a case comes up that makes the grade for a post.  One such case was , where the question of an “occurrence” that warranted coverage and defense under an insurance policy was at issue.  That case discussed this key question in a residential construction context based upon poor workmanship. A recent case out of the Western Distr...
Tags: Law, Wikipedia, Virginia, Construction, Contracts, Don, Nautilus, Western District of Virginia, Construction Law, Business of Construction, General contractor, Virginia Construction Lawyer, Construction Law Musings, Construction Law Musings Richmond VA, Constructionlaw, Insurance policy


2021 Construction Related Bills to Keep an Eye On [UPDATED]

Each year here at Musings, I try and highlight some key construction industry-related bills that are winding their way through the Virginia General Assembly.  This year is no different, though this year does not have the action level that prior years have had. Without further ado, here are those that I spotted and which I will be “Tracking” as they move through the sausage-making process: HB2288– Virginia Public Procurement Act; construction contracts; requirement to submit list of subcontract...
Tags: Law, Senate, Virginia, House, Bill, Virginia General Assembly, Construction Law, Business of Construction, Construction Law Musings Richmond VA, Construction Mediator, Legislative Changes, Construction Arbitrator, Construction Statutes, HB2288


2021 Construction Related Bills to Keep an Eye On

Each year here at Musings, I try and highlight some key construction industry-related bills that are winding their way through the Virginia General Assembly.  This year is no different, though this year does not have the action level that prior years have had. Without further ado, here are those that I spotted and which I will be “Tracking” as they move through the sausage-making process: HB2288– Virginia Public Procurement Act; construction contracts; requirement to submit list of subcontract...
Tags: Law, Senate, Virginia, House, Bill, Virginia General Assembly, Construction Law, Business of Construction, Construction Law Musings Richmond VA, Construction Mediator, Legislative Changes, Construction Arbitrator, Construction Statutes, HB2288, House Civil Courts subcommittee


Why Settlement is Often Worth Fighting For

Originally posted 2016-02-15 09:00:48. (Photo credit: Wikipedia) Well, I’m back after what was several weeks of fun, depositions and settlement negotiations.  Between a great family holiday trip and work, the month of January and some of February flew by and I didn’t have the time to keep up with my usual Monday posting schedule.  Thank you to those that keep coming back.  I hope to get back to a more regular schedule in the coming weeks. One thing that my busy January in particular high...
Tags: Law, Wikipedia, Virginia, Construction, Lawyer, Law Firm, ADR, Construction Law, Construction Mediation, Virginia Construction Attorney, Business of Construction, Construction Law Musings Richmond VA, Construction Lawyer, Alternative dispute resolution


“Source of Duty,” Tort, and Contract, Oh My!

Here at Construction Law Musings, I have discussed the general rule in Virginia that tort and contract do not mix.  I have also discussed a few narrow exceptions.  A Virginia Supreme Court case from October of 2019 lays out both sides of this issue in one glorious opinion. In , a summary of the facts and lawsuit(s) are as follows:  Water leaks developed after the home was built. Graystone’s post-construction efforts to repair the leaks and remediate mold were unsuccessful. The Tinglers and thei...
Tags: Law, Virginia, Court, Contracts, George, Circuit Court, Virginia Supreme Court, Richmond VA, Belle Meade, Construction Law, Virginia Construction Attorney, Business of Construction, Graystone, The Virginia Supreme Court, Virginia Construction Contract, Virginia Mediator


PSA: Virginia Adopts Permanent COVID Workplace Standard

The Commonwealth of Virginia passed a temporary emergency workplace standard relating to COVID that became effective as of July 27, 2020.  Just this past week, effective January 27, 2021, Virginia has enacted a permanent workplace standard.  This new and permanent 58-page standard is set forth in and includes most of what was in the temporary standard with some new exclusions, among them: No enforcement actions will be brought against employers that are making good-faith efforts to secure Per...
Tags: Law, Cdc, Virginia, Construction, Workplace Safety, Richmond VA, Standard of Care, Virginia Department of Health, Construction Law, Virginia Construction Attorney, Business of Construction, Doli, Construction Mediator, COVID, Virginia Dept of Labor and Industry


The Picky Nature of Mechanic’s Liens (or Why you need to count back from 150 before filing)

Originally posted 2009-03-30 09:00:00. On numerous occasions here at Musings I have discussed the almost ridiculously picky nature of mechanic’s liens in the Commonwealth of Virginia. The so called “150 day rule” found in Virginia Code Section 43-4 is no exception. The 150 day rule means that a contractor or material man can only include in a mechanic’s lien money due for labor or materials provided within 150 days of the date of filing of the lien or the last day that labor or materials are pr...
Tags: Law, Virginia, Massachusetts, Lawyer, Attorney, Richmond, Virginia Supreme Court, Richmond VA, Lien, Construction Law, Mechanic's Liens, Business of Construction, Mechanic Liens, Mechanic's Lien, Andrea Goldman, Scott Wolfe


The Uncertain Future of the IECC

For this week’s Guest Post Friday, I welcome an old friend and past Guest Post Friday contributor, Mike Collignon. Mike is the Co-Founder and Executive Director of the Green Builder® Coalition. He engages in national and state-level advocacy and publishes regular content for Green Builder® Media. Mike is also the Chair of the WERS Development Group and has served as the moderator or host for Green Builder® Media’s Impact Series webinars from 2012–present. The following is an op-ed based on the a...
Tags: Law, Guest Post, Paris, Green Building, Icc, Board, Mike, LBA, Guest Post Friday, Construction Law, Business of Construction, NAHB, Construction Law Musings Richmond VA, Construction Attorney, ICC Board, Joseph Chamberlain


Time is of the Essence, Even When the Contract Doesn’t Say So

Welcome to 2021!  As often happens here at Construction Law Musings, the year starts with a few posts on notable construction law cases that dropped in the past year or so.  Not only does this review hopefully help you keep up, but helps me keep up with the latest developments (one of the reasons why I keep blogging). The first of these cases is out of the Western District of Virginia federal court. In this case, Wagman Heavy Civil, Inc. (“Wagman”) and the Virginia Department of  Transportatio...
Tags: Law, Virginia, Court, Contracts, VDOT, Richmond VA, Virginia Department of Transportation, APCO, Wagman, Supreme Court of Virginia, Western District of Virginia, Construction Law, Construction Mediation, Virginia Construction Attorney, Business of Construction, Construction Contract


Legislative Changes that Impact Construction 2017

Originally posted 2017-05-09 10:56:18. Virginia General Assembly (Photo credit: Wikipedia) Well, the Virginia General Assembly has finished its yearly run through the legislative process and this year there are a few highlights for those of us in the construction industry.  It is always interesting to see what issues are the big ones that get a lot of attention.  This year the changes impacted public procurement, VOSH fines, and employment of unlicensed individuals on a job site.  These cha...
Tags: Law, Senate, Virginia, Construction, Bill, General Assembly, Virginia General Assembly, Richmond VA, AGC, Occupational Safety and Health Administration, Construction Law, Virginia Construction Attorney, Business of Construction, Virginia Construction Mediator, Virginia Construction Statutes, Wikipedia Well the Virginia General Assembly


Happy 2021 from Construction Law Musings

Phew! We made it through 2020. Needless to say, this year has been an “interesting” (in the Chinese curse sort of way) year.  While the year started strong, COVID created some hurdles for the construction industry in Virginia.  Everything from new emergency regulations, to the need to be extremely careful with your notices, and keeping track of claim deadlines in the face of court closures and Virginia Supreme Court orders dominated the construction legal and business landscape.  Even my solo...
Tags: Law, Virginia, Construction, Announcements, General Assembly, Virginia Supreme Court, Richmond VA, Legislative Committee, Construction Law, Construction Mediation, Virginia Construction Attorney, Business of Construction, Virginia Mechanic's Lien, Construction Contracts, Associated General Contractors of Virginia


Thanks for the Guest Post Opportunities

Originally posted 2012-09-07 09:00:58. Photo credit: Wikipedia Here we are on Guest Post Friday and I thought that I’d take a moment to thank those that have allowed me the privilege of providing guest posts at their sites over the last few months.  I always appreciate the chance to share some thoughts with readers of great blogs like the Zlien blog and ALPS411 among others.  I count the folks at these and other blogs as friends and I hope that you will check out my posts there as well as t...
Tags: Law, Wikipedia, Blog, United States, North Carolina, Richmond VA, Guest Post Friday, Construction Law, Virginia Construction Attorney, Mechanic's Liens, Business of Construction, Construction Law Musings, Geedra, Zlien, Constructionlaw, Construction Law Blog


Is Moving Away from Construction Bonding Requirements a Good Idea?

Originally posted 2011-07-25 09:00:48. Image via Wikipedia Recently, the legal/construction blogosphere (if that’s still a word) has been discussing a move by Ohio State University to eliminate the need for construction payment and performance bonds on public projects for the university.  Needless to say, this move is not popular with certain portions of the construction industry.  In fact the Surety and Fidelity Association of America (SFAA) and the American Subcontractors Association ...
Tags: Law, Wikipedia, Virginia, Construction, Contracts, Osu, Ohio State University, Richmond VA, Public Works, Construction Law, Business of Construction, General contractor, Doug Reiser, Bond Claims, Chris Cheatham, American Subcontractors Association


Are Untimely Repairs an “Occurrence” Triggering CGL Coverage?

All Class A commercial contractors in Virginia are required to have a minimum level of Commercial General Liability (CGL) coverage.  As a general rule, this insurance is there for damage to property or persons arising from an “occurrence” that is covered by the policy.  Many cases that are litigated relating to coverage for certain events under a CGL policy turn on the definition of “occurrence” and whether the event leading to a request for coverage constitutes an “occurrence.” A recent case ...
Tags: Law, Virginia, Court, Construction, Yen, Contracts, Erie, Richmond VA, Spalding, Fairfax County Virginia, Construction Law, Virginia Construction Attorney, Business of Construction, Erie Insurance, Construction Contract, Occurrence


Happy Memorial Day Wishes from Construction Law Musings

Originally posted 2015-05-25 10:00:41. American flag (Photo credit: Wikipedia) Well, the office is closed and I am enjoying the day off with my family and friends and I hope that you are doing the same. Here’s wishing all of the readers of this construction law blog a great Memorial Day. Thanks for your readership and comments and a special thank you to all of our men and women in uniform for these are the folks (past and present) that this day is all about. Have a great day and Musings wil...
Tags: Law, Wikipedia, Marketing, Memorial Day, Construction, Announcements, Richmond VA, Business of Construction, Virginia Construction Lawyer, Virginia Construction Mediator


Changes to Va. Code Section 43-13: Another Arrow in a Subcontractor’s Quiver

As is always the case here in Virginia, our General Assembly has made some legislative changes that affect construction contracting.  One of these changes is an amendment to Va. Code 43-13 found in the mechanic’s lien section of the Virginia Code. This section of the code has always required that any money paid to a contractor must first go toward paying its subcontractors, suppliers and laborers prior to being used for any other purpose.  Prior to 2020, the only remedy for violaiton of Va. Code...
Tags: Law, Virginia, Construction, Commonwealth, General Assembly, Richmond VA, Construction Law, Construction Mediation, Mechanic's Liens, Business of Construction, Virginia Construction Lawyer, Construction Law Musings, Virginia Mechanic's Lien, Virginia Code 43-13


To Require Arbitration or Not To Require Arbitration

Originally posted 2014-12-15 09:00:36. Uncyclopedia dispute resolution (Photo credit: Wikipedia) Many, if not most, construction contracts that I review during the course of my practice day include a mandatory arbitration clause.  Most of these refer in a blanket manner to AAA Construction Industry Rules.  The topic for this post is not whether such clauses are enforceable or whether they are one tool in the contracting tool box in a state where the contract is king.  I picked the title of ...
Tags: Law, Wikipedia, Virginia, Contract, Construction, AAA, Richmond VA, American Arbitration Association, ADR, Mediation, Construction Law, Virginia Construction Attorney, Business of Construction, Virginia Construction Mediator, Alternative dispute resolution, Arbitration clause


Be Sure to Join Me at this Year’s “Virtual” Construction Law and Public Contracts Seminar

In case you hadn’t heard, there is a virus going around that has thrown us all a “social distancing” curveball.  Most, if not all, large public events have either gone “virtual” or been postponed or canceled.  Luckily, this year’s 41st Annual Construction Law and Public Contracts Seminar is in the former category. I have discussed the great marketing and learning opportunities to be had at this seminar, usually held at the Boar’s Head Inn in Charlottesville, VA.  This year the focus will be on...
Tags: Law, Virginia, Marketing, Announcements, Charlottesville, Arbitration, Richmond VA, Construction Law, Construction Mediation, Mechanic's Liens, Business of Construction, Construction Attorney, Virginia Mechanic's Lien, Virginia Construction Law, Head Inn


Why I Enjoy Visiting a Job Site

Originally posted 2016-07-25 11:26:44. (Photo credit: Wikipedia) Last week a friend of mine at a local construction company invited me to lunch and for a tour of a local project here in Richmond.  This was the third visit to this project that was to take an historic train station and renovate it into a newer working train station along with space for a glass enclosed “outdoor market” on the top floor with offices and other facilities on the ground floor. The first visit was during the...
Tags: Law, Wikipedia, Construction, Contracts, Richmond, Richmond VA, Construction Law, Business of Construction, Virginia Construction Lawyer, Construction Attorney, Construction Contract, Construction Mediator, Construction Site Visit


Dump Site Provider Has Valid Little Miller Act Claim

Originally posted 2012-09-17 09:00:40. Map of Virginia highlighting Hanover County (Photo credit: Wikipedia) You may have thought that a Virginia “Little Miller Act” bond claim, like a mechanic’s lien, could only be brought by those that provide materials and labor incorporated into the construction project.  If you did, you aren’t alone. In fact, Safeco Insurance Co. of America, a surety, made exactly the above argument in .  In that case, a debris hauling company failed to pay Yard Wor...
Tags: Law, Wikipedia, Virginia, America, Construction, Richmond VA, Construction Law, Business of Construction, General contractor, Mechanic Liens, Construction Law Musings, Bond Claims, Constructionlaw, Payment Bond, Little Miller Act, Miller Act Bond Claims Subject


Reasonableness of Liquidated Damages Determined at Time of Contract (or, You Can’t Look Back Again)

I’ve discussed the continuing litigation between White Oak Power Constructors v. Mitsubishi Hitachi Power Systems Americas, Inc. previously here at Construction Law Musings because the case was another reminder that your construction contract terms matter and will be interpreted strictly here in the Commonwealth of Virginia.  The prior opinion in this case from the Eastern District of Virginia court the Court considered the applicability of a liquidated damages provision.  In the (PDF) the Cou...
Tags: Law, Virginia, Court, Construction, Mitsubishi, Contracts, Richmond VA, Eastern District of Virginia, White Oak, Construction Law, Virginia Construction Attorney, Business of Construction, Virginia Construction Mediator, Commonwealth of Virginia, Construction Contract, Liquidated damages


Accounting for Payments on Projects Became Even More Crucial This Year

I discussed several of the statutory changes affecting the construction industry here at Construction Law Musings in the run-up to July 1, 2020.  One of those changes, an amendment to Virginia Code Section 43-13, may add another arrow to the collection quiver of subcontractors and suppliers.  As part of the previously-linked rundown, I highlighted one of the big additions in 2020, namely the amendment making those pesky clauses that let those up the payment chain from you hold money on “this or ...
Tags: Law, Virginia, Construction, Commonwealth, Richmond VA, Construction Law, Virginia Construction Attorney, Mechanic's Liens, Business of Construction, Virginia Construction Mediator, Va Code 43-13, VA mechanic's lien


PSA: New COVID Emergency Workplace Rules are Effective July 27, 2020

As you may have been aware, a virus is going around.  Virginia has set out a set of emergency employer regulations, including employee training requirements, which became effective this past Monday. The requirements are set out in . The new regulations set forth requirements for everything from PPE to how to treat cases of COVID in your workplace.  These will be in addition to any other OSHA or VOSH requirements.  All employers will need to comply with these regulations, including having a plan...
Tags: Law, Virginia, Announcements, Richmond VA, OSHA, Construction Law, Business of Construction, Construction Lawyer, COVID-19, Employer Rules, virginia COVID regulations


Don’t Let Receivership Kill Your Miller Act Claim

Originally posted 2013-01-01 10:00:19. Naval Air Station Oceana (Photo credit: Wikipedia) In this economy, even the companies that provide bonding for construction companies may have financial difficulties, and even go into receivership.  Recently, the U. S. District Court in Norfolk, VA decided an interesting case relating to an interestingly named project.  In , the court considered the default of one such company, Western Ins. Co.. In that case the general contractor performing improv...
Tags: Utah, Law, Wikipedia, Virginia, U S District Court, Norfolk VA, Richmond VA, Construction Law, Business of Construction, General contractor, Subcontractor, Bond Claims, Miller Act, Surety, Naval Air Station Oceana, Oceana Naval Air Station


Why is Modular Today’s Building Answer?

Originally posted 2015-07-24 09:00:11. For this Wednesday edition of Guest Post Friday, we welcome Jeff Dusing of the Modular Space Corporation (ModSpace).  Jeff is the Creative Communications Manager at ModSpace, a modular construction company that provides temporary and permanent solutions for commercial building projects. ModSpace has 80 branch locations across the U.S. and Canada, and offer solutions to suit your building needs such as office trailers, portable classrooms, mobile storage c...
Tags: Law, Canada, Guest Post, Healthcare, Construction, Building, Modular Design, Jeff, U S, Solution, Guest Post Friday, Business of Construction, Construction Law Musings Richmond VA, Modular Building, Jeff Dusing, Modular Space Corporation ModSpace Jeff