Posts filtered by tags: Construction Attorney[x]


 

Announcement: New Email Subscription Service

Recently Google has changed its Feedburner services and eliminated email subscriptions as one of the Feedburner offerings.  Because of this change, I have moved the email subscriptions (though not the RSS) database over to MailChimp.  Those of you that already have subscribed via email in the old system should continue to get updates with each new post here at Construction Law Musings.  If you are not receiving these updates, whether because of an email change or “operator error” on my part, ple...
Tags: Google, Law, Marketing, Construction, Announcements, Feedburner, Chris, Richmond VA, Virginia Construction Mediator, Construction Law Musings, Social Media For Lawyers, Construction Attorney, Email Subscription, New Email Subscription Service


Even Where Fraud and Contract Mix, Be Careful With Timing

I have often discussed the limited circumstances under which a construction contract claim and a fraud claim can coexist.  A recent case from the Western District of Virginia federal court demonstrates that care is necessary even in those limited circumstances. In ., the Court examined the question of a fraud statute of limitations under Virginia law.  The basic facts found in the Complaint are these: In 2011, the United States Army awarded BAE Systems Ordinance Systems Inc. a basic ordering ag...
Tags: Law, Virginia, Court, BAE, Army, Construction, Don, United States Army, Western District of Virginia, Fluor, Construction Law, Virginia Construction Lawyer, Construction Law Musings, Construction Law Musings Richmond VA, Construction Attorney, Construction Arbitration


When Is an Arbitration Clause Unconscionable? Not Often

Here at Construction Law Musings, I have discussed the pros and cons of various forms of Alternative Dispute Resolution (ADR), including arbitration.  I am a fan of most ADR, but less of one for arbitration than for mediation.  However, where the arbitration can be done under a good set of cost-containing rules and with an arbitrator that is experienced in construction, arbitration can help with the resolution of construction claims.  Of course, arbitration provisions in construction contracts a...
Tags: Law, Virginia, Court, Construction, Contracts, ADR, Federal District Court, Western District of Virginia, Construction Law, Virginia Construction Mediator, Construction Law Musings Richmond VA, Construction Attorney, Construction Arbitration, Virginia Construction Arbitrator, Western District of Va, Quality Builders Warranty Corporation


Talking Mediation at AEC Forensics

Originally posted 2017-08-14 09:23:20. Thank you to my friend and relatively frequent guest poster here at Construction Law Musings, Brian Hill (@aecforensics) for letting me invade his great blog on risk management and best construction practices, AECforensics.com, and talk about one of my favorite topics, mediation.  As I have said on many an occasion, mediation is often the most efficient and cost effective way out of a bad situation (read: construction claim).  I share these thoughts in mor...
Tags: Law, Brian, Construction, Richmond VA, ADR, Brian Hill, Construction Mediation, Virginia Construction Mediator, Construction Attorney, AEC Forensics, Alternative Mediation


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


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


Happy Memorial Day from Construction Law Musings

Well, the “official” beginning of Summer is upon us and shows that time moves forward even in the oddest of times. The office is closed and I am enjoying the day off with my family (not as much with friends this time due to COVID-19) and thinking about those that served this country.  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 ...
Tags: Law, Memorial Day, Announcements, Richmond VA, Construction Law, Virginia Construction Mediator, Construction Law Musings, Construction Attorney


Dealing With an Uncertain Construction Future in Uncertain Times

I posted previously regarding the notice issues relating to delays and COVID-19.  Here in Virginia, things got even more uncertain regarding the ability of construction companies to complete work in a timely fashion.  Ralph Northam’s latest stay at home order that adds teeth to the prior executive order closing certain businesses, limiting gatherings, etc. only muddies the construction waters further. While construction businesses have not been closed and construction projects can continue fo...
Tags: Law, Virginia, US, Construction, Contracts, Richmond VA, Force Majeure, Ralph Northam, Northam, Construction Law, Business of Construction, Virginia Construction Mediator, Construction Attorney, Construction Project, Coronavirus, COVID-19


OSHA/VOSH Roundup

Originally posted 2015-08-03 09:00:14. Image via Wikipedia In an unusual flurry of occupational safety related activity, the Virginia courts decided two cases in the last week relating to either the review of occupational safety regulations themselves or their enforcement. In (.pdf), the Virginia Court of Appeals considered what constitutes a “serious” violation of the exposure to asbestos Virginia Occupational Safety & Health (VOSH) regulations.  The facts found by the Salem, Virgini...
Tags: Law, Wikipedia, Virginia, Court, Construction, Circuit Court, Richmond VA, OSHA, 4th Circuit, 4th Circuit Court of Appeals, Construction Law, Occupational Safety, VOSH, Construction Attorney, Occupational Safety & Health Administration, Virginia Occupational Safety


What is “Action by a Public Body” Where County Exempted from VPPA?

The Virginia Public Procurement Act (“VPPA”) governs the contractual relationships between the Commonwealth and its subdivisions and the businesses and individuals that provide them goods and services.  It also provides the mechanism for the appeal of certain decisions by public bodies as well as a method by which a county can exempt itself from certain provisions of the VPPA.  A case out of the Fairfax County Circuit Court examined the intersection of these two ideas. In , the Court consider...
Tags: Law, Virginia, Court, Claims, Construction, Commonwealth, Board, Fairfax, Fairfax County, Circuit Court, Board of Supervisors, Richmond VA, Construction Law, Virginia Construction Mediator, Construction Attorney, VPPA


Hard to Believe It Has Been 13 Years of Legal Elite!

Wow! Thanks to all of you for 13 years (including all of my years in solo construction practice) of Legal Elite elections to the Virginia Legal Elite in Construction Law, to the Virginia legal community that continues to elect me to the Virginia Business Legal Elite.  The 13 consecutive years of election to the Legal Elite in the Construction Category spans my time at my prior firm and my time as a solo construction attorney.  The fact that you all have continued to elect “100%” of the lawyers a...
Tags: Law, Virginia, Marketing, Construction, Announcements, Contracts, Chris, Richmond VA, Construction Law, Business of Construction, Virginia Construction Lawyer, 2019, Construction Attorney, Law Office of Christopher G Hill PC, Va Construction Mediator, Virginia Legal Elite


Happy Thanksgiving from Construction Law Musings

It is that time of year again when I find it appropriate to reflect on the great things in my life.  As I sit here with family on this Thanksgiving Day 2019,  I have much to be thankful for.  I have a thriving construction law practice, great clients, wonderful friends and of course the best, most supportive family a solo construction attorney like me could ask for.  I also have some great readers and guest post contributors that make this corner of the “blawgosphere” (if that’s even a word any...
Tags: Law, Construction, Announcements, Richmond VA, Happy Thanksgiving, Construction Law, Virginia Construction Mediator, Construction Attorney


Be Careful with Good Faith Payments

Photo by blue_quartz Sometimes doing the expedient thing and what looks good at the time can come back to bite you.  Just ask 3M Company. In , the Virginia Supreme Court considered a customer services subcontract between Faneuil and 3M relating to a toll collection contract 3M entered into with ERC.  The subcontract had a “pay if paid” clause in it requiring payment to 3M from ERC before ERC was required to pay Faneuil, a written change order provision and a base monthly payment to Faneuil ...
Tags: Law, Virginia, Massachusetts, Court, Williams, Construction, 3m, ERC, Circuit Court, Richmond VA, Christopher Hill, Special Services, Construction Law, Construction Attorney, Bond Claims, The Virginia Supreme Court


Happy Halloween from Construction Law Musings

It is time for spooky goblins, princesses, zombies and other things that go bump in the night.  I hope you take some time having fun and avoiding the real scary stuff like mechanic’s liens and payment bond claims! Here’s wishing you and your family have a safe, wonderful and of course spooky Halloween from my firm and Construction Law Musings. As always, I welcome your comments below.  Please subscribe to keep up with this and other Construction Law Musings. © C...
Tags: Law, Construction, Announcements, Richmond VA, Christopher Hill, Construction Law, Mechanic's Lien, Construction Attorney, Construction Mediator, Bond Claim


Time to Update Your Virginia Mechanic’s Lien Forms (July 1, 2019)

In a few of my recent posts here at Construction Law Musings, I’ve discussed a few bills that were considered and/or passed in the General Assembly this year.  One of the bills is one close to my heart and a subject much discussed here, namely mechanic’s liens. passed both houses of the General Assembly and has been signed by the Governor.  This bill reconciled the language found in Virginia Code Sec. 43-4 with the various forms for general contractor, subcontractor and sub-subcontractor/sup...
Tags: Law, Virginia, Construction, General Assembly, Virginia Supreme Court, Richmond VA, Desai, Construction Law, Mechanic's Liens, Virginia Construction Mediator, Construction Law Musings, VA General Assembly, Construction Attorney, Virginia Mechanic's Lien


The Top 10 Changes to the AIA A201: What You Need to Know

For this week’s Guest Post Friday here at Musings, we welcome back Melissa Dewey Brumback.  Melissa is a construction law attorney with Ragsdale Liggett in Raleigh, North Carolina.  Aside from the fact that she is a UNC grad and fan, she’s okay! In 2017, as it does every ten years, the American Institute of Architects (AIA) updated most of its standard form contract documents, including the A201 General Conditions.   This cycle, the contract changes are evolutionary in nature, not revolutionary....
Tags: Law, Pennsylvania, Guest Post, AIA, Contracts, Melissa, Raleigh North Carolina, Richmond VA, NTP, American Institute of Architects AIA, Guest Post Friday, Construction Law, Virginia Construction Mediator, Construction Attorney, Melissa Brumback, AIA 201


What is a Conservation Easement and Why in the World Would I Put One on My Land?

Originally posted 2013-11-22 09:06:09. Republished by Blog Post Promoter For this week’s Guest Post Friday here at Musings, we welcome a new face and newly solo attorney, Lee Stephens.  Lee  (@leestephenslaw) has represented dozens of landowners who successfully placed conservation easements on their property, ranging from a farm of 1,800 acres to a lot of 0.85 acres, all over the Commonwealth.  Lee currently sits on numerous boards around Virginia and serves as counsel to Northern Neck Land Co...
Tags: Law, Navy, Virginia, America, Guest Post, University Of Virginia, Internal Revenue Code, Lee, Internal Revenue Service, Richmond VA, Irvington, William Mary, Land Trust, Guest Post Friday, Business of Construction, Construction Attorney


Talking Mediation at AEC Forensics

Thank you to my friend and relatively frequent guest poster here at Construction Law Musings, Brian Hill (@aecforensics) for letting me invade his great blog on risk management and best construction practices, AECforensics.com, and talk about one of my favorite topics, mediation.  As I have said on many an occasion, mediation is often the most efficient and cost effective way out of a bad situation (read: construction claim).  I share these thoughts in more depth over at Brian’s blog. Here’s a t...
Tags: Law, Brian, Construction, Richmond VA, ADR, Brian Hill, Construction Mediation, Virginia Construction Mediator, Construction Attorney, AEC Forensics


Sometimes Adjustments are in Fact Equitable- A Story of Differing Site Conditions

Originally posted 2011-09-12 09:00:16. Republished by Blog Post Promoter Image via Wikipedia Remember the one about differing site conditions? (just kidding, that was never a joke).  However, any site contractor knows that these differing conditions can be the bane of its existence.  Recently, the Danville, Virginia Division of the Federal District Court for the Western District of Virginia weighed in on the differing site conditions debate. In the case of the Court interpreted a claus...
Tags: Law, Wikipedia, Virginia, Court, United States, Contract, Contracts, Richmond VA, United States District Court, RTI, Danville Virginia, Western District of Virginia, Construction Law, Business of Construction, Commonwealth of Virginia, Construction Attorney


Why I Enjoy Visiting a Job Site

(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 early demolition phase.  At this stage, my p...
Tags: Law, Construction, Contracts, Richmond VA, Construction Law, Business of Construction, Virginia Construction Lawyer, Construction Attorney, Construction Contract


Your Contractual Notice/Claim Procedures Matter

ConsensusDOCS Construction Management Contractual Relationships (Photo credit: Wikipedia) Remember how I stated that your construction contract governs the “law” of your business relationship?  Remember how (at least as a subcontractor or supplier) the Virginia General Assembly stated that is no longer true in regards to pre-payment contractual mechanic’s lien waivers?  Remember that most construction contracts contain a clause or two relating to claims and the notice requirements to preserve t...
Tags: Wikipedia, Court, Ohio, Construction, Contracts, Virginia General Assembly, Richmond VA, Construction Law, Mechanic's Liens, Business of Construction, Virginia Construction Lawyer, Lien Bill, Construction Attorney, Construction Contract, Virginia Mechanic's Lien, Construction Payment Blog