The Virginia Department of General Services has issued its General Assembly-mandated report on current Virginia law regarding state construction contracts and the freedom that the Commonwealth currently enjoys from any statutory time limitation on the state’s ability to bring claims against its contractors.
We have previously written about the Hensel Phelps case here and here and the result in that case arising from the Commonwealth’s complete immunity on state jobs from the normal five-year contract statute of limitations (in Hensel Phelps, a state agency was allowed to bring suit against a general contractor fourteen years after substantial completion). A recent Supreme Court of Virginia case arising in a different context highlights the need for either: (1) the General Assembly to change this law allowing the Commonwealth to bring stale lawsuits; or (2) general contractors to ...
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.
A recent New Hampshire case shows that all indemnification provisions are not equal. Without careful drafting, a party may be required to indemnify another party even before any allegations of negligence are proven in court.
A recent Virginia Supreme Court opinion has highlighted the impact of private statutes of limitations in public contract disputes and again confirmed the need to ensure indemnification provisions are drafted to comply with Virginia law.
Sometimes referred to as “hold harmless” provisions, the indemnification section of a design or construction contract can have profound legal consequences. The concept of indemnification is not complicated—indemnification is an agreement to assume a specific liability, potential or actual, of another party in the event of a loss. It involves shifting risk from one party to another—essentially as insurance. When a contractor or design professional indemnifies a client, she or he assumes some or all of the client’s potential or actual legal liabilities, which may ...
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- Virginia Department of General Services Issues Final report on Statute of Limitations Exemption for State Construction Contracts
- Right to Work Laws and What a Potential Repeal Could Mean
- Construction Year in Review: 2019 Trends and What to Expect in 2020
- Department of General Services Conducts “Town Hall” on Statute of Limitations Bill
- New Virginia Supreme Court Case Refocuses Attention on Commonwealth's Immunity from Statutes of Limitation
- Virginia Department of General Services Releases Survey on Statute of Limitations Issue
- Alternatives to Pay-if-Paid Provisions
- Changes to Mechanic’s Lien Law Effective July 1!
- Virginia General Assembly: Construction Bills To Watch- Part 2
- Courtney Paulk and Kelly Bundy Discuss “Unpreventable Employee Misconduct” Defense in Article for Construction Executive
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