Posts filtered by tags: Virginia Construction Lawyer[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


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


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


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


Is Privity of Contract with the Owner a Requirement of a Valid Mechanic’s Lien? Nope.

As any reader of this construction law blog know, mechanic’s liens make up much of the discussion here at Construction Law Musings.  A recent case out of Fairfax County, Virginia examined the question of whether contractual privity between the general contractor and owner of the property at issue is necessary.  As a reminder, in most situations, for a contract claim to be made, the claimant has to have a direct contract (privity) with the entity it sues.  Further, for a subcontractor to have a v...
Tags: Law, Virginia, Court, Construction, Contracts, Fairfax, Virginia General Assembly, Richmond VA, Lien, Fairfax County Virginia, Construction Law, Mechanic's Liens, Virginia Construction Lawyer, Virginia Mechanic's Lien, Construction Mediator, Privity Of Contract


Is Privity of Contract with the Owner a Requirement of a Valid Mechanic’s Lien? Not for GC’s

As any reader of this construction law blog knows, mechanic’s liens make up much of the discussion here at Construction Law Musings.  A recent case out of Fairfax County, Virginia examined the question of whether contractual privity between the general contractor and owner of the property at issue is necessary.  As a reminder, in most situations, for a contract claim to be made, the claimant has to have a direct contract (privity) with the entity it sues.  Further, for a subcontractor to have a ...
Tags: Law, Virginia, Court, Construction, Contracts, Fairfax, Virginia General Assembly, Richmond VA, Lien, Fairfax County Virginia, Construction Law, Mechanic's Liens, Virginia Construction Lawyer, Virginia Mechanic's Lien, Construction Mediator, Privity Of Contract


Thank You for 14 Consecutive Years of Legal Elite Elections

Thanks to the Virginia legal community that has continued to elect me to the Virginia Business Legal Elite in the Construction Law Category for 14 years running.  The 14 consecutive years of election to the Legal Elite in the Construction Category spans my time as a solo construction attorney.  The fact that you all have continued to elect “100%” of the lawyers at The Law Office of Christopher G. Hill, PC for the last 10 years is most gratifying and only confirms that my decision to “go solo” ov...
Tags: Law, Virginia, Marketing, Announcements, Chris, Richmond VA, Construction Law, Virginia Construction Lawyer, Virginia Construction Mediator, Law Office of Christopher G Hill PC, Virginia Business Legal Elite, Virginia Legal Elite 2020


Upcoming Webinar Provides Insights from Leading Construction General Counsel

While I don’t often provide direct links like this to non-Virginia based webinars, etc. I thought I’d help out my friend and colleague, Brian Perlberg of ConsensusDOCS with a shout out to his new site, Construction Law Online, and his latest offering. What if you had access to the insights of the top general counsel from five of the largest construction companies for 90 minutes and could get CE credit for it? The Chief Legal Officers from Hensel Phelps, Gilbane, Balfour Beatty, Burns and McDonal...
Tags: Law, Virginia, Construction, Announcements, McDonald, Richmond VA, AGC, Construction Law, Virginia Construction Lawyer, ConsensusDOCS, Brian Perlberg, Construction Counsel, Hensel Phelps Gilbane Balfour Beatty Burns


You Have Choices (Litigation Versus Mediation)

Originally posted 2013-10-29 09:30:50. Map of Virginia highlighting Goochland County (Photo credit: Wikipedia) As I sit here thinking about an impending trial in the Goochland County General District Court, it hit me that I also serve as a mediator in that court from time to time.  Coincidentally, I will be “wearing both hats” (litigator and mediator) this week on back to back days.  It will be interesting to have to switch roles so quickly on back to back days. While I don’t have the resul...
Tags: Lawsuit, Law, Wikipedia, Virginia, Construction, Lawyer, Richmond VA, ADR, Mediation, Dispute Resolution, Construction Law, General contractor, Virginia Construction Lawyer, Mechanic's Lien, Constructionlaw, Goochland County Photo


Just When You Thought General Contractors Were Necessary Parties. . .

Originally posted 2016-09-22 10:32:51. The Supreme Court of Virginia Building (Photo credit: Wikipedia) Did you think that a subcontractor had to name a general contractor in a mechanic’s lien suit?  I did.  Did you think that nothing about this changed in the case where a Virginia mechanic’s lien was “bonded off” pursuant to Va. Code Section 43-71?  I did. Well, a recent Virginia Supreme Court case,  , seems to at least create some doubt as to whether the a general contractor is a “necessa...
Tags: Law, Wikipedia, Virginia, Court, Paris, Bank, Construction, Circuit Court, Virginia Supreme Court, Richmond VA, Supreme Court of Virginia, Construction Law, Mechanic's Liens, Virginia Construction Lawyer, Mechanic's Lien, Real property


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


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


Quick Note: Be Careful with Pay if Paid Clauses (Both Subcontractors and General Contractors)

Originally posted 2015-06-15 09:00:38. English: Contractor-led design-build, architect as subcontractor (Photo credit: Wikipedia) Aside from waiver of lien rights (something that will be illegal in Virginia after July 1, 2015), the most troublesome contractual impediment to payment for a subcontractor or supplier on a project often is the “pay if paid” clause.  As a general rule, in Virginia, these clauses where drafted in the proper fashion, are enforceable.  As I have said many times, in ...
Tags: Law, Wikipedia, Virginia, Construction, Contracts, Richmond VA, Construction Law, Mechanic's Liens, General contractor, Virginia Construction Lawyer, Subcontractor, Construction Contract, Matt DeVries, Lien waiver, General Contractors


Sometimes You Get Away with Default (but don’t count on it)

As an almost universal rule here in Virginia, failing to show up for court or respond to a lawsuit is a bad idea.  Consequences include default judgment against you without the right to defend or make your case.  Courts simply enter judgment and the consequences of that judgment will follow. However, and as is often the case around here, there are small exceptions where the courts of Virginia allow the defaulting party off the hook.  is just such a case.  In Sullivan Mechanical, the Federal ...
Tags: Law, Virginia, Court, Construction, Litigation, Sullivan, Richmond VA, Western District of Virginia, Construction Law, Business of Construction, Virginia Construction Lawyer, Construction Contract, Hensel Phelps, Construction Mediator, Default judgment, Sullivan Mechanical the Federal District Court


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


Lien Waivers Should Be Fair — And Efficient

Originally posted 2015-02-13 09:11:46. This week for our Guest Post Friday here at Construction Law Musings, we welcome back my good friend Scott Wolfe. Scott, a thought leader in the construction industry, combines his construction background, tech experience, entrepreneurial spirit, and legal education to bring a unique perspective to the industry’s construction payment problem. Scott is the founder of zlien, a venture-backed construction payment platform. A licensed attorney in six states, ...
Tags: Texas, Law, Guest Post, Construction, Contracts, Don, Scott, Richmond VA, Associated General Contractors of America, United States Environmental Protection Agency, New Orleans Louisiana, Lien, Guest Post Friday, Construction Law, Mechanic's Liens, Virginia Construction Lawyer


PSA: Getting the First Mechanic’s Lien on a Project is a Plus

As those that read this construction law blog are aware, I am a big fan of mechanic’s liens as a way to get paid.  These powerful and tricky beasts are a great way to get an owner’s attention and to put payment pressure on those that owe you money. Recently I was reminded that getting a lien prepared and recorded both carefully and quickly can be key to getting paid on a problem project.  Not only should construction professionals keep the 150-day rule and the 90-day rule in mind, but they shoul...
Tags: Law, Virginia, Construction, Richmond VA, Lien, Construction Law, Mechanic's Liens, Virginia Construction Lawyer, Virginia Mechanic's Lien, Construction Mediator, Mechanic's Lien Priority


Some Good News coming July 1, 2020 for Construction Professionals

Last week I discussed the potentially onerous legislation that essentially made contractors the employers of all employees of their subcontractors and suppliers on a job site.  That was only one of the impactful statutes that was passed by the General Assembly and that will take effect in July of 2020.  While the above mentioned legislation may be a negative for the efficient and cost effective provision of construction services in the Commonwealth, not all of the news out of the Virginia legisl...
Tags: Law, Virginia, Contracts, Commonwealth, General Assembly, Richmond VA, Construction Law, Business of Construction, Virginia Construction Lawyer, Virginia Construction Mediator, Bond Claims, Hensel Phelps, Construction Related Litigation, SB208


Keep Your Construction Claims Alive in Crazy Economic Times

Coronavirus is dominating the news.  Construction in Virginia is facing what is at best an uncertain future and at worst a series of large scale shutdowns due to COVID-19.  The number of cases seem to grow almost exponentially on a daily basis while states and the federal government try and patch together a solution.  All of this adds up to the possibility that owners and other construction related businesses could shutter and importantly payment streams can slow or dry up.  Aside from keeping y...
Tags: Law, Virginia, Don, Richmond VA, Construction Law, Mechanic's Liens, Business of Construction, Virginia Construction Lawyer, Mechanic's Lien, Bond Claims, Miller Act, Construction Mediator, Construction Claim, COVID-19, Payment Claims, Virginia Little Miller Act


Construction Legislation Likely to Take Effect July 1, 2020

Coronavirus is dominating the news and planning for the effects of COVID-19 is a big deal for construction companies in the Commonwealth.  However, these issues, though immediate, are not the only ones that have popped up here at the beginning of 2020.  Several bills that I have been monitoring (here and here) have recently passed both the House of Delegates and the Virginia Senate and are on their way to the Governor for signature (a signature that is most likely going to happen in each case). ...
Tags: Law, Senate, Virginia, House, General Assembly, House of Delegates, Richmond VA, Virginia Senate, Construction Law, Mechanic's Liens, Business of Construction, Virginia Construction Lawyer, Mechanic's Lien, Construction Contract, Virginia Construction Statutes, Hensel Phelps


Construction Legislation Taking Effect July 1, 2020

Coronavirus is dominating the news and planning for the effects of COVID-19 is a big deal for construction companies in the Commonwealth.  However, these issues, though immediate, are not the only ones that have popped up here at the beginning of 2020.  Several bills that I have been monitoring (here and here) have recently passed both the House of Delegates and the Virginia Senate and are on their way to the Governor for signature (a signature that is most likely going to happen in each case). ...
Tags: Law, Virginia, General Assembly, House of Delegates, Richmond VA, Virginia Senate, Construction Law, Mechanic's Liens, Business of Construction, Virginia Construction Lawyer, Mechanic's Lien, Construction Contract, Virginia Construction Statutes, Hensel Phelps, Va Construction Mediator


A Few More 2020 Bills “Crossing Over” in the General Assembly

Last week I posted about a few bills that should be noted by the construction community here in Virginia.  Now that the “crossover” (passed Senate bills headed to House and vice versa), here are a couple of other bills that the AGC of Virginia has highlighted that were not included in the post and updates last week.  I will just highlight two here but for a more complete list, check out this from the AGC of Virginia. SB208 Mechanics’ liens; right to withhold payment. Specifies that the use o...
Tags: Law, Senate, Virginia, Legislation, House, Construction, General Assembly, Richmond VA, AGC, Construction Law, Business of Construction, Virginia Construction Lawyer, Virginia Mechanic's Lien, Hensel Phelps, Construction Mediator, General assembly 2020


2020 Bills to Be Aware of that Affect Construction

As is true during most sessions of the Virginia General Assembly, several bills are winding their way through the legislature that construction professionals and their attorneys should keep an eye on. Here is a list of some key ones with a brief description (to get a full picture and status of the respective bill, I recommend that you read the actual LIS description and the text of the bill as linked below): SB426:  Fair share fees. Authorizes an employer, pursuant to an agreement between the em...
Tags: Law, Virginia, Construction, Bill, PLA, General Assembly, House of Delegates, Virginia General Assembly, Richmond VA, Construction Law, Business of Construction, Virginia Construction Lawyer, Right To Work, Virginia Mediator, Construction Legislation, Project Labor Agreements


2020 Bills to Be Aware of that Affect Construction (Updated)

As is true during most sessions of the Virginia General Assembly, several bills are winding their way through the legislature that construction professionals and their attorneys should keep an eye on. Here is a list of some key ones with a brief description (to get a full picture and status of the respective bill, I recommend that you read the actual LIS description and the text of the bill as linked below): SB426:  Fair share fees. Authorizes an employer, pursuant to an agreement between the em...
Tags: Law, Virginia, Construction, Bill, PLA, General Assembly, House of Delegates, Virginia General Assembly, Richmond VA, Construction Law, Business of Construction, Virginia Construction Lawyer, Right To Work, Virginia Mediator, Construction Legislation, Project Labor Agreements


Another Reminder to ALWAYS Show up for Court

I have discussed the need to always respond to a lawsuit on multiple occasions here at Construction Law Musings.  However, I keep reading cases where the defendant fails to appear either by pleading or in person.  Such action is never a good idea as demonstrated once again in the case of , a case out of the Eastern District of Virginia. The basic facts are not a surprise and are taken from the magistrates report that was adopted by the District Court.  Balfour Beatty and Precision entered int...
Tags: Law, Balfour Beatty, Contracts, District Court, Richmond VA, Eastern District of Virginia, Loudoun County, Construction Law, Business of Construction, Virginia Construction Lawyer, Virginia Construction Mediator, Construction Contract, Hensel Phelps, Default judgment, Precision Construction Management, Balfour Beatty Infrastructure Inc


Another Reason to be Careful Before Walking

Originally posted 2011-12-05 14:36:35. Image by taberandrew via Flickr We have discussed issues that may arise in the context of a residential construction project.  Because most homeowners are not sophisticated in the ways of construction (and really shouldn’t be) expectations are key and keeping your nose clean as a contractor is key.  Courts in some instances will lean toward the party that they deem to be less sophisticated, i. e. the homeowner, so doing anything, such as walking from a...
Tags: Law, Court, Contract, Construction, Norfolk, Contracts, Wilsons, Wilson, Richmond VA, Construction Law, General contractor, Virginia Construction Lawyer, Construction Lawyer, Breach Of Contract, Virginia Circuit Court, Norfolk Virginia Circuit 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