Posts filtered by tags: Construction Law[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


Green Construction Claims: More of the Same

Originally posted 2011-04-01 09:00:04. For this week’s Guest Post Friday, Musings welcomes back Timothy R. Hughes, Esq., LEED AP.  Tim (@timrhughes on Twitter) is a Shareholder in the Arlington, Virginia firm of Bean, Kinney & Korman, P.C. In his practice as a business, corporate, and construction law attorney, Tim was the Chair of the Construction Law and Public Contracts Section of the Virginia State Bar.  He was recognized by Virginia Lawyer’s Weekly as a 2010 “Leader in the Law” and a membe...
Tags: Law, Virginia, Guest Post, Green Building, Construction, Tim, Arlington Virginia, US Green Building Council, Destiny USA, Chesapeake Bay Foundation, Guest Post Friday, Construction Law, Construction Law Musings Richmond VA, Leadership in Energy and Environmental Design, Virginia Business Magazine, Timothy R Hughes Esq


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


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


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


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


Musings On the LEED De-Certification Firestorm

Originally posted 2010-12-13 09:00:10. Much debate has occurred relating to the USGBC determination to use potential de-ceritification of buildings as an enforcement mechanism to assure energy reporting guidelines are met. As ENR reported last week, this new requirement has caused much wailing and gnashing of teeth. My question is this: Why the fuss? When you get right down to it, LEED is just a private rating system originally designed to give a snapshot of “green”-ness of a building when bu...
Tags: Law, Contract, Green Building, Attorney, GBI, Matthew Devries, LEED, USGBC, Green Globes, Construction Law, Construction Law Musings Richmond VA, ENR, Matt DeVries, Chris Cheatham, Mandatory Energy Benchmarking, LEED De Certification Firestorm


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


Be Wary of “Gentlemen’s Agreements” in Construction

Originally posted 2010-08-06 09:00:19. For this week’s Guest Post Friday here at Musings, we welcome Melissa Dewey Brumback.  Melissa is a litigation partner at Ragsdale Liggett PLLC in Raleigh, North Carolina where she focuses on construction law issues.  She maintains a blog for construction professionals called  Construction Law in North Carolina.  She can be reached at [email protected] or on Twitter @melissabrumback. “He’s an honest guy.” “I’ve always done business this way.” “I trust h...
Tags: Lawsuit, Law, Court, Ronald Reagan, Guest Post, Contract, Construction, North Carolina, AIA, Contracts, Warranty, Chris, Don, Melissa, Raleigh North Carolina, DENR


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


Why You Need a Contract Mediation Clause

Originally posted 2017-09-25 15:59:37. For this week’s Guest Post Friday here at Musings, we welcome Seth J. Smiley.  Seth is the managing member of Wolfe Law Group, LLC, a boutique law firm located in New Orleans, Louisiana.  Seth handles all aspects of construction cases from initial contracting to payment once work is complete. Other areas of focus include mediating, commercial collections, landlord/tenant law, corporate/business formation, and insurance property damage claims. The son of a ...
Tags: Law, California, Guest Post, Contract, Construction, Louisiana, AIA, Contracts, Arbitration, Seth, Standard, New Orleans Louisiana, Lien, ADR, Guest Post Friday, Construction Law


“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


Construction Related Legislative Changes Effective July 1, 2013

Originally posted 2013-07-01 09:00:22. (Photo credit: Wikipedia) Every year at this time, a new set of statutes comes into effect.  This year is no different.  If you are a fan (or at least follower) of the Virginia General Assembly and have an interest in construction, you have likely kept informed about some of the various statutory changes that will take place today (and probably a few that were attempted and killed). This year (and as summarized below), the Virginia legislators made cha...
Tags: Law, Virginia, Construction, Contracts, Richmond Virginia, Virginia General Assembly, Richmond VA, Construction Law, Mechanic's Liens, General contractor, Virginia Construction Lawyer, Mechanic's Lien, Construction Law Musings, Constructionlaw, Wikipedia Every


Another Reminder that Contracts are Powerful in Virginia

Regular readers of this construction law blog are likely tired of my refrain that the contract is king here in Virginia.  With few exceptions, some of which have been passed in the last few years, the contract can and does essentially set the “law” for the transaction.  A recent opinion from the 4th Circuit Court of Appeals confirms this principle. In , the Court looked at the question as to whether parties can contractually limit the statute of limitations in which a plaintiff or arbitration...
Tags: Maryland, Law, Virginia, Construction, Statute Of Limitations, Contracts, Don, EEOC, Lancaster, Richmond VA, ADR, 4th Circuit Court of Appeals, Construction Law, Virginia Construction Lawyer, Construction Arbitration, Bracey


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


Is Arbitration Okay Under the Miller Act? It Is if You Don’t Object

Originally posted 2014-10-13 09:15:01. Map of the United States District Courts in Virginia (Photo credit: Wikipedia) I have discussed both payment bond claims under the Miller Act and alternate dispute resolution (ADR) here at Construction Law Musings on many an occasion.  A question that is sometimes open is what to do when there is contractually mandated arbitration for claims “relating to the contract or the work.” While here in Virginia, as in most places, the courts will almost automa...
Tags: Law, Wikipedia, Virginia, Court, Contract, Construction, Norfolk, Contracts, Arbitration, Richmond VA, United States District Court, ADR, Virginia Federal Court, Construction Law, Virginia Construction Attorney, Alternative dispute resolution


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


More Thoughts on “Green” (the Practice, not the Color) Building

Originally posted 2015-06-16 13:00:57. 20110504-RD-LSC-0654 (Photo credit: USDAgov) It has been a while since I “mused” on the green building landscape.  While I am a LEED AP and have presented on green (read “sustainable”) building in the past, I am not totally sold on LEED as the be all end all in sustainable construction (the USGBC is a private rating organization that, like the rest of us, is imperfect).  I’ve also discussed, both here and elsewhere, the potential risks that come with a...
Tags: Law, Virginia, Sustainability, Green Building, Construction, Matt, Richmond VA, LEED, USGBC, US Green Building Council, Green Building Council, Green Globes, Construction Law, Virginia Construction Attorney, LEED AP, Leadership in Energy and Environmental Design


Yet Another Reminder that Tort and Contract Don’t Mix

I have stated on numerous occasions here at Musings that in Virginia, contract claims and tort claims (read fraud) don’t mix.  A recent case from the Federal District Court for the Eastern District of Virginia presents another example of this principle.  In , Judge Ellis of the Alexandria Division, considered ITility’s claims of fraud and breach of contract against SRG and one of its officers based upon SRG’s alleged violation of its duties under a teaming agreement.  The claim by ITility was t...
Tags: Law, Virginia, Court, Fraud, Construction, Contracts, Ellis, Richmond VA, Construction Law, Virginia Construction Attorney, SRG, Construction Mediator, Constracts, Source Of Duty Rule, Alexandria Division, TSRG


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


12 Years of Construction Law Musings? Time Sure Flies!

12 years ago this tiny announcement post started my journey into blogging (or is it “blawging”?).  Since then, I’ve met a few construction lawyers here in Virginia that refer to me as the “blog guy.”  To be recognized for the work I do here at Construction Law Musings, something that benefits me (and I hope the readers), is an honor. The blog has since taken on a life of its own in many respects, allowing me to meet some of the great construction pros that have provided a guest post or two for...
Tags: Law, Virginia, Construction, Announcements, Richmond VA, Hill House, Construction Law, Virginia Construction Attorney, Construction Law Musings, Associated General Contractors of Virginia, Virginia Mediator, Legislative Committee Of


Another Exception to Fraud and Contract Don’t Mix

Originally posted 2013-05-27 09:00:37. Map of Virginia highlighting Loudoun County (Photo credit: Wikipedia) Here at Construction Law Musings, we’ve discussed the fact that, in Virginia, the “economic loss rule” generally renders claims of fraud and construction contracts like oil and water. This is true in most states, including Florida. What this means is that as a general rule where any party is supposed to perform under a contract, and fails to do so, the Virginia courts will dismiss a ...
Tags: Florida, Law, Wikipedia, Virginia, Court, Contract, Construction, Contracts, Richmond VA, Construction Law, Virginia Construction Attorney, Construction Law Musings, Constructionlaw, Loudoun County Virginia, Virginia Lawyers Weekly, Madisons