Construction Law Blog

Pay-if-paid provisions are prevalent now in subcontracts.  Many contractors have a “take it or leave it” approach to these contracts.  However, there are several middle-ground positions that can more effectively address the parties’ risks. This post discusses these alternatives.

Virginia contractors are aware that licensure is required for any construction work. In this post we identify five nuances of licensure that contractors should consider.

Providing construction labor or materials to the federal government raises a host of issues that are not present in private or state projects. Prime contracts with the federal government subject companies to numerous federal regulations. While subcontractors and suppliers have less direct obligations to the federal government, there still are several laws to consider. In this blog we discuss five significant considerations all subcontractors or suppliers on federal projects should keep in mind during a project.

1. Rights to Payment. Subcontractors and suppliers can utilize ...

Most design and construction contracts contain “dispute resolution” provisions that require mediation, arbitration, or litigation. In this post we provide a reference chart identifying some of the differences, pros and cons among these three options. 

As the 2019 Virginia General Assembly Session starts today, there will be a handful of bills that could greatly affect the construction industry. We recommend construction industry participants watch three particular bills closely this session.

2018 was a strong year for the construction industry. Despite a labor shortage and some uncertainty regarding material costs, construction professionals remain optimistic that the trend of growth will continue in 2019. Below we identify eight trends we expect to carry forward into the new year. 

Contracting without a license (or the proper classification) can be catastrophic to a contractor’s ability to recover payment on projects or maintain its business. In this blog we discuss the general requirements for contracting in Virginia. 

Our recent blog post explained the importance of indemnification provisions in construction contracts. A 2018 federal case has clarified just how carefully they must be drafted in order to have any meaning.

For background, section 11-4.1 of the Virginia Code is sometimes known as the “Anti-Indemnity Statute.” Under 11-4.1, any indemnification provision in a construction contract that obligates the contractor to indemnify another party to the contract for that other party’s negligence is unenforceable.

In the recent case, Travelers Indem. Co. v. Lessard Design, Inc.

A 2018 federal case shows just how costly a flow-down indemnification provision can be, and highlights just how carefully contracts should be read before signing.

Local government bodies in Virginia only have limited authority granted by the General Assembly. If a local government body enters into a contract that exceeds its authority, the entire contract is void and unenforceable. A recent case illustrates how this can lead to very harsh results against contractors that rely in good faith on these contracts that are later deemed void.