Incorporation, Indemnity and Statutes of Limitations, Oh My!

The Supreme Court of Virginia Building, adjace...

(Photo credit: Wikipedia)

We all know that the contract is king in Virginia. We also know that Virginia will allow for a so called “incorporation” clause that will allow for “flow down” of certain prime contract provisions in a way that will make those provisions applicable to subcontractors. We also know that a claim for breach of contract or other contractual claim does not last forever due to certain statutes of limitation found in the Code of Virginia. What happens when all of these elements crash together in one place leading to litigation? Well, a relatively recent case from the Virginia Supreme Court gives at least a partial answer.

Happy New Year! Looking Back and Forward

Originally posted 2016-01-01 10:00:55. Republished by Blog Post PromoterIt is the time of the year here at Construction Law Musings where we look back at a great 2015 and forward to an even better 2016. This past year was another good one for both Musings and my law practice. Musings hit its 7 year anniversary…

Private Project Payment Bonds and Pay if Paid in Virginia

One of the many items of construction law that has always been about as clear as mud has been the interaction between a contractual pay if paid clause and payment bond claims either under the Federal Miller Act or Virginia’s “Little Miller Act.” While properly drafted contractual “pay if paid” clauses are enforceable by their…

Pre-Construction Issues: A Review

Originally posted 2010-04-09 09:00:30. Republished by Blog Post PromoterWhen the Illinois Institute for Continuing Legal Education (IICLE) contacted me over Twitter, I was both honored and happily surprised to find out that they wanted me to review their recent CLE text on Pre Construction Issues in construction. I was surprised for a couple of reasons. …

Thoughts on Standard of Care?

Originally posted 2012-08-06 09:00:48. Republished by Blog Post PromoterI had a great chat Friday with Shari Shapiro of the Green Building Law blog. The topic of discussion was whether the general standard of care in construction that includes knowing and building to the building code encompasses meeting LEED benchmarks found in some but far from…

About musings

I am a construction lawyer in Richmond, Virginia, a LEED AP, and have been nominated by my peers to Virginia's Legal Elite in Construction Law on multiple occasions. I provide advice and assistance with mechanic's liens, contract review and consulting, occupational safety issues (VOSH and OSHA), and risk management for construction professionals.

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