Posts filtered by tags: Construction Law Musings[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


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


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


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


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


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


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


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


Ten Years Since Going Solo!

Wow!  It’s been 10 years since my first day as a solo practitioner of construction law at The Law Office of Christopher G. Hill, PC.  Time sure has flown by thanks to the great clients and friends that followed me to solo practice and that I have met since the firm’s founding on July 1, 2010.  I also could not have made the transition and had the fun and success over the past 10 years without the support of the best wife and family that a lawyer could want. Since the firm’s last anniversary, m...
Tags: Law, Virginia, West Virginia University, Construction, Announcements, Appalachian State University, Richmond VA, Construction Law, Virginia Construction Lawyer, Construction Law Musings, Virginia Mechanic's Lien, Construction Mediator, Law Office of Christopher G Hill PC Time


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


In Any Construction Lawsuit, Be Sure to Name the Right People

Originally posted 2017-12-01 12:30:43. Map of the United States District Courts in Virginia, showing the boundaries of the Eastern and Western Districts, and their divisions. (Photo credit: Wikipedia) The title of this post may seem obvious.  Of course you need to name the right people.  “Why even write about this?”  you may ask yourself.  The answer to this question is that the list of all of the parties necessary to a successful lawsuit may not be so obvious. One example is the case of a ...
Tags: Lawsuit, Law, Wikipedia, Virginia, Court, Guardian, Construction, Alexandria, Fed, Adi, Richmond VA, United States District Court, Plaintiff, Construction Law, Virginia Construction Attorney, Mechanic's Liens


Starting July 1, 2020 General Contractors are “Employers” for All Workers on Their Jobsite

I have discussed the impactful legislation to the Virginia construction industry in prior posts here at Construction Law Musings.  One of those statutes that will take effect on July 1, 2020 will fundamentally change the relationships between general contractors and their subcontractors and suppliers. Senate Bill 838 does the following on construction projects with a value of $500,000 or greater that are not single family residential construction projects: Makes the general contractor, and al...
Tags: Law, Senate, Virginia, Construction, Contracts, General Assembly, Richmond VA, Construction Law, Virginia Construction Attorney, Business of Construction, Virginia Construction Mediator, Construction Law Musings, Payment of wages, New Construction Legislation, SB838, Virginia Contractors


Q: What can you lien? A: What did you bring to the project?

Originally posted 2014-10-31 09:00:28. Mechanic’s liens are a powerful tool when used correctly. However, as I have discussed on numerous occasions here and elsewhere, these tools must be wielded correctly if they are to be effective. Another case in point occurred recently in the Hanover, VA Circuit Court. In Dallan Construction Co. v. Super Structures General Contractors Inc. (Harris, J.) No. CL08-473, Jan. 30, 2009, the Court considered the question of what can be included in a mechanics lie...
Tags: Law, Virginia, Court, Construction, Lawyer, Contracts, Attorney, General Assembly, Contractor, Circuit Court, Richmond VA, Construction Law, Mechanic's Liens, Mechanic Liens, Mechanic's Lien, Construction Law Musings


Smile and Sincerity: It’s How You Make a Connection at a Construction Conference

Originally posted 2012-03-09 09:00:42. For this week’s Guest Post Friday post here at Construction Law Musings, we welcome back a good friend, Matthew DeVries.  Matt (@matthewdevries) is a construction lawyer in Nashville, Tennessee and the founder of www.bestpracticesconstructionlaw.com, a construction-related blog that focuses on transportation, green building, and technology.  He heads the Tennessee construction law practice of Stites & Harbison PLLC, which has offices in TN, VA, KY, GA, an...
Tags: Law, Marketing, Tennessee, Guest Post, Construction, Nashville Tennessee, Matt, HONOLULU Hawaii, Richmond VA, Matthew Devries, Guest Post Friday, Business of Construction, Construction Law Musings, Constructionlaw, Matthew DeVries Matt @matthewdevries, Stites Harbison PLLC


The Cloud Dissipates (a bit)

Originally posted 2015-10-14 15:52:20. Remember HB 1265 that I discussed here at Musings back on February 6, 2012?  Well, thanks to the efforts of the AGC of Virginia among other groups affected by the bill, it has been amended and a . My thoughts on the latest changes?  It is a good start, but adds an extra, and unnecessary, notice requirement for Virginia home builders that will only add to the cost of doing business. First, the good. The latest changes limit the additional notice ...
Tags: Law, Wikipedia, Virginia, Construction, General Assembly, MLA, Richmond VA, AGC, Lien, Construction Law, Mechanic's Liens, Business of Construction, General contractor, Mechanic Liens, Construction Law Musings, Constructionlaw


Reminder: Just Being Incorporated Isn’t Enough

Originally posted 2014-08-26 14:32:44. Construction Company (Photo credit: Wikipedia) I have discussed why contractors need to incorporate previously here at Construction Law Musings.  Among the many reasons to incorporate are possible tax benefits and the protection of personal assets (like your house and your dog) from judgement and collection actions.  This latter reason is key in the construction world in which Murphy can look like an optimist and projects have so many moving parts that...
Tags: Law, Wikipedia, Virginia, Construction, Murphy, Corporation, LLC, Richmond VA, Inc, Incorporation, Construction Law, Virginia Construction Attorney, Business of Construction, Construction Law Musings, Limited Liability Company, Eastern District of Virginia District Court


Happy New Year 2020 from Construction Law Musings

Another year of work, fun and interesting cases and relationships is in the books.  I hope all of you had a great 2019, and for that matter a great decade of the 2010s. Here’s to a great 2020 and the start of a prosperous new decade. Without further ado, Happy New Year from Construction Law Musings and The Law Office of Christopher G. Hill, PC. © Construction Law Musings- Richmond, VA is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4....
Tags: Law, Announcements, Richmond Virginia, Christopher Hill, Construction Law, Business of Construction, Virginia Construction Lawyer, Construction Law Musings, Construction Law Musings Richmond VA, Construction Mediator, Christopher G Hill, Happy New Year 2020


LEED and Effective Job Creation

Originally posted 2012-01-20 09:00:05. Image via Wikipedia For this week’s Guest Post Friday here at Construction Law Musings, we welcome back Elaine Hirsch.  Elaine describes herself as a kind of a jack-of-all-interests, from education and history to medicine and videogames. This makes it difficult to choose just one life path, so she is currently working as a writer for various education-related sites and writing about all these things instead. While layoffs and business closings are maki...
Tags: Law, Wikipedia, Guest Post, Green Building, Sustainable Energy, Rosie, Elaine, Richmond VA, US Green Building Council, Pew Charitable Trust, Guest Post Friday, Business of Construction, Construction Law Musings, Leadership in Energy and Environmental Design, Green Building Litigation, Elaine Hirsch Elaine


Construction Law Musings Turns 11

Photo by byzantiumbooks 11 years ago this tiny announcement post started my journey into blogging (or is is “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 provid...
Tags: Law, Virginia, Construction, Announcements, Richmond Virginia, Richmond VA, Hill House, Christopher Hill, Mediation, Construction Law, Business of Construction, Virginia Construction Lawyer, Virginia Construction Mediator, Mechanic's Lien, Construction Law Musings, State Bar Construction Law


Reminder: Know Your Contractor Licensing Rules

Originally posted 2014-07-09 09:44:01. The seals of the Commonwealth of Virginia (Photo credit: Wikipedia) In the course of my construction law practice, I have the pleasure of speaking with and talking to contractors and subcontractors that are based in Virginia and also based in other states.  With the more nationalized construction landscape due to the constricted construction economy, I have more and more interaction with the latter category. When I get a call from an out of state contr...
Tags: Law, Wikipedia, Virginia, Construction, Performance, Contracts, Richmond VA, Virginia Department, Construction Law, Business of Construction, General contractor, Virginia Construction Lawyer, Mechanic's Lien, Construction Law Musings, Breach Of Contract, DPOR


Happy Labor Day from Construction Law Musings

My how the summer has flown by!  My two older kids are back at their respective colleges, my oldest in her last year before heading out into the “real world,” and my youngest starts her junior year of high school tomorrow.  The family time that the kids’ summer break allows always goes by way to fast.  I hope that all of you readers have the opportunity to sit back and relax for one more day before the hectic days of the school year hit in earnest (if they haven’t already). Here’s wishing you al...
Tags: Law, WVU, Announcements, Asu, Freeman, Richmond VA, Construction Law, Virginia Construction Lawyer, Construction Law Musings, Happy Labor Day


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


Be Careful in Contracting and Business

Originally posted 2014-06-06 09:00:34. Image via Wikipedia After an hour long phone conference with a client, I have had several thoughts, only a few of which I can share here (grin). The first is that my friends and clients in the construction industry are hurting, but need to work with an attorney to assure that the pain is lessened. The second is that more, not less, precision is needed in construction contracting these days. The reason for the first thought is that the construction ...
Tags: Law, Wikipedia, Virginia, Contract, Construction, Lawyer, Contracts, Attorney, Richmond, Richmond VA, Lien, Construction Law, Business of Construction, Mechanic's Lien, Construction Law Musings


Considerations in Obtaining a Mechanic’s Lien in Maryland (Don’t try this at home)

Originally posted 2016-01-11 09:19:41. For this week’s Guest Post Friday at Construction Law Musings I welcome Matthew Evans.  Matt is the owner of Law Offices of Matthew S. Evans, III, LLC located in Annapolis, Maryland.  He has practiced construction, real estate and land use law in Maryland and D.C. for thirteen years.  Prior to opening his own firm in May 2011, Mr. Evans was a partner at a mid-sized firm in Anne Arundel County, Maryland. Mr. Evans lives in Historic Annapolis (only three sh...
Tags: Maryland, Law, Pennsylvania, Guest Post, Evans, Matthew, Matt, Annapolis, Margaret, Peyton, Annapolis Maryland, Lien, Guest Post Friday, Construction Law, Mechanic's Liens, General contractor


Ten Years of Musings. Wow!

Who knew that 10 years ago, this tiny announcement post would have spawned a blog that lasted this long?  I sure didn’t.  Back then, this blog was on the Blogger platform and I started it basically on a whim to see whether I would enjoy the process and learn something.  I found that the answer was “yes” on both counts. 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 Musings and...
Tags: Law, Virginia, Marketing, Construction, Richmond VA, Hill House, Christopher Hill, Virginia Construction Attorney, Business of Construction, Virginia Construction Mediator, Mechanic's Lien, Construction Law Musings, Virginia Business Legal Elite in Construction Law, State Bar Construction Law, Associated General Contractors of Virginia


Flow Down! What Flow Down?!?!

Originally posted 2013-08-26 09:10:19. Contracts (Photo credit: NobMouse) Thank goodness for my pal and fellow blogger, Craig Martin (@craigmartin_jd).  Whenever I hit a bout of writer’s block, he comes through with a great idea for a post that I am more than ready to play off of here at Construction Law Musings.  This time his post is on that bug bear for many a construction subcontractor: the so called “flow down” clause.  In his great post from last Wednesday, Craig discusses how even lo...
Tags: Law, Virginia, Contract, Construction, Contracts, Craig, Richmond VA, Craig Martin, Construction Law, General contractor, Virginia Construction Lawyer, Subcontractor, Construction Law Musings, Constructionlaw, Clause


Please Join Me at the Boar’s Head for Some Construction Law Fun

On November 2nd and 3rd, 2018, Virginia CLE will be putting on the 39th Annual Construction Law and Public Contracts Seminar.  I’ve recommended this seminar and given a “post mortem” on it on multiple occasions here at Musings and want to recommend it again.  If you, like me, are a construction attorney that practices in Virginia, I highly recommend that you attend. I am not only recommending it because I’ll be speaking along with Eric Olsen of DPOR on the topic of representation before the Cont...
Tags: Law, Virginia, Marketing, Announcements, Charlottesville, Richmond VA, Eric Olsen, Construction Law, Business of Construction, Virginia Construction Lawyer, Mechanic's Lien, Construction Law Musings, Virginia Construction, Construction Mediator, Virginia CLE


Uniwest Rides Again (or, Are Architects Subject to Va. Code Section 11-4.1?)

In 2010, the Virginia Supreme Court held in Uniwest Const., Inc. v. Amtech Elevator Servs., Inc. , that Va. Code Sec. 11-4.1 renders completely void and unenforceable any indemnification provision in a construction contract between a contractor and subcontractor that seeks to indemnify the indemnified party from its own negligent acts.  In short, the Virginia Supreme Court stated that such overly broad provisions violate Section 11-4.1. A recent case out of the Eastern District of Virginia Fede...
Tags: Law, Virginia, Court, Construction, Contracts, Travelers, Virginia Supreme Court, Richmond VA, Eastern District of Virginia, Indemnification, Lessard, Construction Law, Business of Construction, Virginia Construction Lawyer, Virginia Construction Mediator, Construction Law Musings