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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


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


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


Ambiguity Kills in Construction Contracting

Originally posted 2018-02-07 10:43:31. (Photo credit: Wikipedia) Well, I’m back and hope to have a more consistent publishing schedule moving forward.  I appreciate the continued readership through what has been a busy time for my solo construction practice over the last couple of months.  Now, back to our program. . . Here at Construction Law Musings, I have often beaten the drum of a solid contract that leaves as little as possible to chance or the dreaded “grey areas” where we constructi...
Tags: Law, Wikipedia, Court, Construction, Contracts, VDOT, Richmond VA, Western District of Virginia, Construction Law, Virginia Construction Attorney, Virginia Construction Mediator, Construction Contract, Virginia Department of Transportation VDOT, Mechanic's Lien In Va, RK K Term Sheet The Court


Don’t Just Document- Document Right!

Originally posted 2011-05-20 09:00:20. I have stated to clients on many occasions that paper is a lawyer’s best friend.  Because of a recent case from the Virginia Supreme Court, I should modify that to the correct paper is a lawyer’s best friend.  In , AMEC sued the Virginia Department of Transportation (“VDOT”) seeking more than $21 million in damages.  The Mecklenburg County Circuit Court granted AMEC almost all of its damages and found that AMEC’s notice of intent to make a claim was prop...
Tags: Real Estate, Law, Virginia, Lawyer, Contracts, Amec, VDOT, Virginia Supreme Court, Richmond VA, Virginia Department of Transportation, Lien, Construction Law, Mechanic Liens, VA Mechanic, Virginia Court of Appeals, Virginia Court


Using Video Technology to Increase Treatment Completion for Patients With Latent Tuberculosis Infection on 3-Month Isoniazid and Rifapentine: An Implementation Study

Background: Since January 2013, the New York City (NYC) Health Department Tuberculosis (TB) Program has offered persons diagnosed with latent TB infection (LTBI) the 3-month, once-weekly isoniazid and rifapentine (3HP) treatment regimen. Patients on this treatment are monitored in-person under directly observed therapy (DOT). To address patient and provider barriers to in-person DOT, we piloted the use of a videoconferencing software app to remotely conduct synchronous DOT (video directly observ...
Tags: Health, Dot, VDOT, LTBI, NYC Health Department TB


Ambiguity Kills in Construction Contracting

 (Photo credit: Wikipedia) Well, I’m back and hope to have a more consistent publishing schedule moving forward.  I appreciate the continued readership through what has been a busy time for my solo construction practice over the last couple of months.  Now, back to our program. . . Here at Construction Law Musings, I have often beaten the drum of a solid contract that leaves as little as possible to chance or the dreaded “grey areas” where we construction lawyers like to make money.  An examp...
Tags: Law, Wikipedia, Court, Construction, Contracts, VDOT, Richmond VA, Western District of Virginia, Construction Law, Virginia Construction Attorney, Virginia Construction Mediator, Construction Contract, Virginia Department of Transportation VDOT, Mechanic's Lien In Va, RK K Term Sheet The Court


Formation of Friendship

In the summer of 2008, on a lush grass field in Bealeton, Virginia, Sue Tucker Brander approached the blue and yellow plane of her new friend, civilian pilot and Air Force Reservist David Brown. In her hand was a framed black and white photograph. The photo showed a young man wearing a leather helmet and goggles in the rear cockpit of a biplane, his head down performing his preflight checks. At the bottom of the frame was written “Al Tucker, First Solo -1942.” Brander pointed to Brown’s plane an...
Tags: Europe, England, New York, West Point, Navy, California, Washington, Germany, Berlin, Uncategorized, History, People, Dave, Military, United States, Paris


Scheme involving snowplow contracts ends in guilty pleas

ALEXANDRIA, Va. (AP) — A bribery scheme that involved Virginia Department of Transportation officials and snowplow companies has resulted in several guilty pleas. The Washington Post reported Thursday that two VDOT officials took nearly a half-million dollars in cash bribes in exchange for rewarding valuable winter contracts. The officials were 42-year-old Kenneth D. Adams and […]
Tags: News, Washington Post, Ap, VDOT, Virginia Department of Transportation, Alexandria Va, Nation & World, Kenneth D Adams


Two New Murals in Charlottesville

One of the benefits of being a real estate agent is my daily routines are less ingrained than if my career allowed for “regular” routines. On Barracks Road, replacing the (was it fish?) mural that had been there for years.   A bit more about the Barracks Road mural We are pleased to announce the artist has been chosen to paint the Barracks Road retaining wall. Chicho Lorenzo was selected by a panel of local residents and arts advocates after reviewing proposals submitted by a wide selection...
Tags: Radio, Charlottesville, Madrid Spain, Thomas Jefferson, Cox, Wegmans, Moore, VDOT, Garrison, Virginia Department of Transportation, Albemarle, Jeff Garrison, S J Collins Enterprises, Mahon, Wardell, Barracks Road


Insurer Must Defend Claims of Alleged Willful Coal Removal

    The court found that the insured was entitled to a defense against claims for its alleged willful removal of coal from third parties' land. Liberty Mut. Fire Ins. Co. v. Bizzack Constr , 2017 U.S. Dist. LEXIS 70285 (W.D. Va. April 27, 2017).     The Virginia Department of Transportation (VDOT) contracted with Bizzack to perform work in widening U.S. Route 460. VDOT notified coal owners that it had been "necessary to remove certain coal" from their land during the construction of Route 460. ...
Tags: Insurance, Liberty Mutual, VDOT, Comprehensive General Liability, Duty to Defend, Tred Eyerly, Business Risk Exclusions, Liberty Mutual Liberty Mutual, Occurrence, Liberty Mut Fire Ins Co, Bizzack, Virginia Department of Transportation VDOT, Bizzack Cross, Route 460, Bizzak


Driving News Roundup: March 24, 2017

In this week’s Driving News Roundup:  -US Senate introduces Driver Privacy Bill— -Wilmington, DE refunds RLC fines— -KY Gov signs REAL ID law— -IO rejects speed cam ban— -NV, OR want to get rid of left lane hogs— -Vision Zero might lose funding under Trump budget– NMA Driving News Story of the Week Virginia Scolds Insurance Institute for Illegal Speed Camera Use on Public Land Outraged by what it saw as a clear privacy violation, the National Motorists Association (NMA) insisted that VDOT invest...
Tags: Texas, Technology, Colorado, California, Montana, Kentucky, Oregon, La, Senate, Germany, Virginia, New York City, Alabama, America, Los Angeles, Fuel


Charlottesville Tomorrow Roundup – Roads, Schools, Planning

Charlottesville Tomorrow remains one of the best and most useful information sources in my wheelhouse. I read at least skim it every day; it’s one way I stay more informed for my clients. A few relevant stories from the past 30 days or so … … that matter to how we live in Charlottesville and Albemarle, how we educate our kids, how we get to work and play. Albemarle projects score well in initial steps of VDOT funding process – scoring & funding are two different things County supervisors appr...
Tags: Radio, Adelaide, Charlottesville, Rio, VDOT, Albemarle Charlottesville, Albemarle, Albemarle County, MPO, Neil Williamson, Rio road, Charlottesville Tomorrow


This Market, Take 2. Blue Apron. Privacy. Pooping babies. | Note from Jim

Archives of my subscription-only monthly notes. The blog is more searchable. Interested in not waiting a few months to read it? Learn more here.   For these posts, I don’t do much formatting/changing as I’m more concerned about simply having the content here (because I own the blog, and not Tinyletter) Discussed: March 2016 – Stupid Market, Pooping Babies, and Privacy Last month I wrote, “Some houses in the City of Charlottesville and urban ring of Albemarle County are moving fast ...
Tags: Facebook, John Oliver, Radio, Zillow, Charlottesville, Jim, VDOT, CHARLOTTESVILLE Va, Albemarle County, VMI, General Real Estate, CCAC, Crozet, Instagram Jim Duncan Nest Realty


VDOT work along I-64 well underway

Crew members are clearing trees from Interstate-64 for the road improvements. Crews have been cutting all the trees down on this project for months from Denbigh Blvd. overpass to today's work near the Ft.
Tags: VDOT, Interstate 64, Denbigh Blvd


Presidents Day road conditions

Links to the latest road conditions: Click here for TDOT's SmartWay Traffic. Click here for VDOT's Virginia 511.
Tags: Virginia, VDOT


VDOT Marketing Homes Through Zillow & not the MLS

Entrance to one of the VDOT-owned homes in Colthurst This is not a post about Zillow vs the MLS. This is a post asking one question: Why is VDOT not marketing the homes they have for sale through the MLS? They are listed “for sale by owner” on Zillow. That’s it. That’s the question. Is this truly exposing the homes to the fair market? When the Western Bypass died, the Virginia Department of Transportation had to sell the homes they had purchased. Here’s one of the homes VDOT has for sale; there...
Tags: Politics, Mls, Zillow, Charlottesville, VDOT, Virginia Department of Transportation, Albemarle, General Real Estate, 22901, 22902, Western Bypass, VDOT Marketing Homes Through Zillow


TRAFFIC: Tractor-trailer crash inside southbound MMMBT

An earlier crash involving a tractor-trailer inside the Monitor Merrimac Memorial Bridge-Tunnel has been cleared, VDOT 511 shows. Police and firefighter-medics responded to the crash about 5 p.m., according to a Newport News dispatcher.
Tags: Newport News, VDOT, Monitor Merrimac Memorial Bridge Tunnel


VDOT worker struck in Centreville crash

VDOT worker struck in Centreville crash CENTREVILLE, Va. -- A VDOT worker was struck in Centreville causing a backup on I-66 westbound Friday afternoon.
Tags: VDOT, Centreville Va, Centreville


Photos: On the road with VDOT

WTOP's Max Smith hit the road with a Virginia Department of Transportation plow driver on Saturday, day two of a major winter storm that has been walloping the East Coast. Oscar Ramos, a VDOT plow driver, prepares to head back to the roads on Saturday, Jan. 23, 2016.
Tags: VDOT, WTOP, Virginia Department of Transportation, Max Smith, East Coast Oscar Ramos


VDOT awards next phase of I-64 widening project

Beginning in September 2015, the project will eventually widen Interstate 64 to six lanes from north Newport News to north Williamsburg. The Commonwealth Transportation Board awarded a contract for $138.8 million Wednesday to Glen Allen-based Allan Myers VA Inc. to widen and reconstruct more than seven miles of Interstate 64 on the Peninsula.
Tags: Williamsburg, Newport News, VDOT, Commonwealth Transportation Board, Glen Allen, Allan Myers VA Inc, Interstate 64


What the Heck Is VO2 Max?

When sorting through the features of the latest generation of fitness devices, runners might pause and ask, “Do I need that?” I wondered just that myself this fall, when I noticed that a number of fitness trackers, including the new Microsoft Band, started including VO2 max as a metric. Fitness devices are intended to improve our health and training performance by giving us useful information such as how fast our hearts are beating and how many calories we burn. But much of this information is ...
Tags: Technology, Fitness, Microsoft, Running, Garmin, VDOT, Products & Technology, Fitness Technology, V02 Max


Car flips over guardrail near James River Bridge in Newport News, blocks traffic

A truck flipped over the guardrail near the James River Bridge on the Newport News side. VDOT had issued a fog advisory for the area.
Tags: Newport News, VDOT, James River Bridge


Hopewell plans road fixes

City Council has endorsed the funding request to the Virginia Department of Transportation for upcoming road projects for the city of Hopewell. The request to VDOT was for a total of $774,575 and the projects could begin in the fall of next year.
Tags: City Council, Hopewell, VDOT, Virginia Department of Transportation