Construction Law Blog

Before 1991, so-called “No Money Damages for Delay” provisions (or more simply “No Damage for Delay” provisions) were completely enforceable in Virginia construction contracts, both private and public.  In other words, if a general contractor’s contract with an owner contained a provision stating that, if the project was delayed, even if the owner caused the delay, then the general contractor was entitled to only an extension of contract time and not to any monetary damages caused by the delay (such as extended overhead) -- such a “no damage for delay” provision was ...

Spending on nonresidential construction will cool to a modest 4% increase in 2024, after experiencing a remarkable 20% increase in 2023, according to the most recent American Institute of Architects (AIA) Consensus Construction Forecast, published on January 11, 2024.

Virginia mechanic’s liens can be tricky, full of pitfalls, landmines, and traps for the unwary. One of those traps is the sometimes confusing and often misunderstood “150-Day Rule.” And a recent mechanic’s lien case from the City of Norfolk addresses not only the 150-Day Rule, but also the difference between (i) a “mere inaccuracy” in the memorandum of lien (which will not invalidate the lien), and (ii) a fatal inclusion of dollar amounts in the lien which will invalidate the lien and render it completely unenforceable.

Enactment of new statutory language directly addressing the impact of pay-when-paid provisions in Virginia will become effective January 1, 2023.

New legislation now prevents Virginia contractors from withholding payment on one project to address claims or backcharges on another.

The General Assembly significantly changed the law in 2020 when it imposed potential liability on general contractors for the improper employment practices of their subcontractors. The General Assembly recently modified this law again to provide an express defense to joint liability.

As of Friday, January 15, 2021, OSHA penalties will increase in accordance with the Federal Penalties Inflation Adjustment Act Improvements Act of 2015 (the “Inflation Act”).  

We are beginning to see courts issue rulings on when the COVID-19 pandemic excuses a party from performance. Two trends have emerged in the federal decisions that we summarize in this post. Ultimately, it appears that parties cannot use COVID-19 to excuse obligations that were in their control, but they can expect a thorough and critical analysis of their position.

A recent federal case reinforces the need for strict compliance with Miller Act notice requirements to secure recovery on a payment bond.

Communications between a general contractor and sub-sub prove critical in enabling a sub-sub to recover directly from the general contractor in this new Virginia Supreme Court case.