Thoughts on construction law from Christopher G. Hill, Virginia construction lawyer, LEED AP, mediator, and member of the Virginia Legal Elite in Construction Law

Category Archives: Contracts

Aarow Equipment v. Travelers- An Update

Originally posted 2015-01-12 09:00:08. Previously here at Musings, I discussed the application of pay if paid clauses and the Miller Act.  The case that prompted the discussion was the Aarow Equipment & Services, Inc. v. Travelers Casualty and Surety Co. case in which the Eastern District of Virginia Federal Court determined that a “pay if

No Damages for Delay May Not Be Enforceable in Virginia

Anyone who reads Construction Law Musings with any regularity (thank you by the way) knows that the contract is king in most instances here in Virginia.  Any commercial construction subcontractor in Virginia is likely also very familiar with so-called “no damages for delay” clauses in construction contracts.  These clauses essentially state that a subcontractor’s only

Residential Contractors, Be Sure to Have these Clauses in Your Contracts

Originally posted 2018-04-27 09:11:50. I have often “mused” on the need to have a good solid construction contract at the beginning of a project.  While this is always true, it is particularly true in residential contracting where a homeowner may or may not know the construction process or have experience with large scale construction.  Often

Do We Really Want Courts Deciding if Our Construction Contracts are Fair?

Originally posted 2015-03-17 10:06:56. As I posted recently, the Virginia General Assembly has passed, and I can see no reason why the governor won’t sign, a bill that would essentially invalidate preemptive contractual waivers of lien rights as they relate to subcontractors and material suppliers.  It does not apply to General Contractors, but it is