Construction industry professionals faced a number of challenges in 2019—chief among them a persistent labor shortage. 2020 promises to bring similar challenges to the construction industry. Below we identify six trends we expect to carry forward into the new year.
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.
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.
We have seen an uptick in mechanic’s lien filings in 2018. Thankfully, the increase in lien filings likely arises from an increase in construction projects not instability in the market. In our latest post we revisit the general process for filing mechanic’s liens and insight on the option for replacing these liens with a surety bond.
Parties to a construction contract should pay particular attention to the contract’s terms concerning claims. Statutory limitations periods may be shortened or extended.
Recent Virginia cases underscore the importance of including a prevailing party attorneys’ fees provision in any construction contract and make clear that a court cannot simply calculate a prevailing party’s attorney fee award based upon the amount of damages sought.
The various cycles in the real estate market require different legal services. This post discusses four typical phases of the market cycle, legal issues common to those phases, and ways in which contractors can use this understanding to prepare for the future.
Most design and construction contracts contain “dispute resolution” provisions. Some contracts state that the parties must “mediate” a dispute before “litigation” or “arbitration.” Through mediation, the parties attempt to resolve their dispute with the assistance of a mediator. The mediator is not a decision-maker. Rather, the mediator assists the parties through facilitating a negotiation. Some mediators will offer their opinion regarding the likely outcome if the case isn’t resolved through negotiation. Neither party can be forced to settle the ...
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- Virginia Judge Upholds a Mechanic’s Lien Filed Under a Contract with Company Shareholders
- OSHA Increases Amounts of Civil Penalties for 2021
- Have Force Majeure Defenses Based on COVID-19 Been Successful This Year?
- Kelly Bundy and Liz Burneson Publish Article on Joint Employer Status in Construction Executive
- Kelly Bundy Authors Article for ABA Construction Law Forum’s “Under Construction” Series
- Miller Act Notice More Than 90 Days Before A Subcontractor’s Final Day of Work Held Untimely
- Virginia Supreme Court Allows Sub-Sub Material Supplier To Recover Directly From General Contractor For Unpaid Material
- New Virginia Law Can Make General Contractors Liable for Subcontractors' Employee Wages
- OSHA Changes Course on COVID-19 Record-Keeping Requirements
- New OSHA Guidance Suspends Enforcement of Record-Keeping Requirements for COVID-19 Cases in Most Industries
- Mechanic's Liens
- Occupational Safety and Health Act (OSHA)
- COVID-19, Coronavirus Outbreak
- Department of Labor (DOL)
- Little Miller Act
- Dispute Resolution
- Miller Act
- Government Contracts
- Workforce Development
- Department of Professional and Occupational Regulation (DPOR)
- Force Majeure
- Joint Checks
- Unjust Enrichment
- Virginia Employment Commission (VEC)
- Virginia Workers' Compensation Commission
- Uniform Statewide Building Code
- Change Orders
- March 2021
- January 2021
- October 2020
- August 2020
- July 2020
- June 2020
- May 2020
- April 2020
- March 2020
- February 2020
- January 2020
- November 2019
- August 2019
- 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
- October 2017
- September 2017
- July 2017
- June 2017
- May 2017
- April 2017
- March 2017
- February 2017
- January 2017
- December 2016
- November 2016
- October 2016