In April 2019, the Virginia Supreme Court rendered a precedent setting decision in Dominion Resources v. Alstom Power. The Court held that a legal principle – the “collateral source rule” – can apply in certain breach of contract cases (and not only tort cases). In this blog we explain this ruling and how it may impact Virginia construction project owners and contractors.
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.
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- Virginia's Collateral Source Rule and Its Effect on Owners and Contractors
- Virginia General Assembly: Construction Bills To Watch- Part 2
- Courtney Paulk and Kelly Bundy Discuss “Unpreventable Employee Misconduct” Defense in Article for Construction Executive
- Five Licensure Issues All Virginia Contractors Should Consider
- New Trump Executive Order Encourages Buy American Preferences in Infrastructure Projects
- Five Issues all Subcontractors and Suppliers on Federal Projects Should Consider
- Litigation. Arbitration. Mediation. What is the Difference and Who Should Care?
- Courtney Paulk to Participate in University of Richmond - Robins School of Business's C-Suite Conversations
- Virginia General Assembly Opens Session Today: Construction Bills To Watch
- Construction Year in Review: 2018 Trends and What To Expect in the Year Ahead
- Occupational Safety and Health Act (OSHA)
- Department of Professional and Occupational Regulation (DPOR)
- Government Contracts
- Dispute Resolution
- Mechanic's Liens
- Miller Act
- Workforce Development
- Virginia Employment Commission (VEC)
- Uniform Statewide Building Code
- Virginia Workers' Compensation Commission
- Change Orders
- Little Miller Act
- June 2019
- April 2019
- February 2019
- January 2019
- December 2018
- October 2018
- September 2018
- June 2018
- May 2018
- April 2018
- March 2018
- February 2018
- November 2017
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- December 2016
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