The 2019 Virginia General Assembly Session starts today, January 9, 2019. Because 2019 is an odd-numbered year, the Virginia General Assembly will hold a short session, lasting just 46 days and adjourning on February 23, 2019. For the 2019 session, Republicans have a very narrow majority in each chamber: the House consists of 51 Republicans and 49 Democrats; the Senate consists of 21 Republicans and 19 Democrats (with the Democratic Lieutenant Governor as a tie breaker).
As always, there will be a handful of bills that could greatly affect the construction industry. Among the bills we recommend construction industry participants watch closely this session:
HB1667: This bill, sponsored by Delegate Terry Kilgore, would create a five-year statute of limitations for actions brought by a public body on construction contracts. Currently, there is no statute of limitations for public bodies on construction contracts. This bill would greatly affect those that work with public entities, but will almost certainly face strong opposition from government entities that have benefited from the existing law.
SB1028: SB1028 would amend the Virginia Public Procurement Act. Filed by Senator David Marsden, this bill would require public bodies, when procuring construction contracts over $500,000, to include a requirement that all contractors and subcontractors employ at least 60 percent “local labor.” The bill defines local labor as someone that lives in Virginia or within 75 miles of the Virginia border.
SB272: The General Assembly will again consider Sen. Chap Peterson’s SB272, the Construction Trust Act, a bill that was filed in 2018 but passed over until this session. This bill would impose personal liability, including attorneys’ fees, upon any contractor who does not hold funds in trust for the subcontractors performing work or furnishing materials and who knowingly uses that money for any purpose other than paying subcontractors. This bill would expand the potential liability for contractors holding funds under Virginia’s current statute, which currently imposes criminal liability, but not personal civil liability, for misuse of funds.
The Hirschler construction team is monitoring these legislative developments closely and will provide regular updates throughout the session. If you have specific question regarding any of these bills or how the legislation may impact your construction business, don’t hesitate to contact us.
As president of Hirschler and head of the firm's litigation section, Courtney knows how to lead people and projects to a successful outcome.
Leveraging deep experience in the construction industry, Courtney advises public and ...
Liz combines enthusiasm and diligence to help her clients resolve complex disputes. Whether the dispute is a construction claim, a breach of contract, or a business tort, Liz brings focus and determination to every case. Liz has ...
Kelly’s practice focuses on construction law, commercial and product liability law, with an emphasis on dispute resolution—including mediation, arbitration, jury and bench trials in state and federal court. She routinely ...
Nate fully engages in each case and shoulders his clients’ needs. Communication, efficiency and careful judgment define his practice. In every case, he investigates competing claims to thoroughly understand their strengths ...
A professional engineer (P.E.) and an experienced lawyer, Webb began practicing at Hirschler Fleischer following four years of work as a consulting engineer. His multidisciplinary practice focuses on general business and ...
SubscribeSubscribe to Hirschler by Email
- Kelly Bundy Appointed to the Virginia Safety and Health Codes Board
- Jaime Wisegarver Outlines Labor Department Guidance on Travel Time Pay in Construction Executive
- New Defense to Joint Liability Available to Contractors
- What Employers Need to Know About Virginia’s New Overtime Wage Act
- 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
- Occupational Safety and Health Act (OSHA)
- Department of Labor (DOL)
- COVID-19, Coronavirus Outbreak
- Dispute Resolution
- Little Miller Act
- Government Contracts
- Miller Act
- Workforce Development
- Mechanic's Liens
- Department of Professional and Occupational Regulation (DPOR)
- Fair Labor Standards Act
- Lien Waivers
- Force Majeure
- Joint Checks
- Unjust Enrichment
- Virginia Employment Commission (VEC)
- Virginia Workers' Compensation Commission
- Uniform Statewide Building Code
- Change Orders
- August 2021
- June 2021
- April 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