Thanks to All for the 2024 Super Lawyers Nod!

It is with humility and a sense of accomplishment that I announce that I have been selected for the seventh straight year to the Virginia Super Lawyers in the Construction Litigation category for 2024.  Add this to my recent election to the Virginia Legal Elite in Construction and I’ve had a pretty good year.  As always, I am thrilled to be included on these peer-elected lists.

So without further ado, thank you to my peers and those on the panel at Virginia Super Lawyers for the great honor. I feel quite proud to be part of the 5% of Virginia attorneys that made this list for 2024.

The full list of Virginia Super Lawyers will appear in the May edition of Richmond Magazine. Please check it out.

If you want to see the lists before then, a digital version of the Virginia Super Lawyers Magazine is available here (click on the Virginia magazine).

Thanks again to all of you who participated in my nomination and election.

As always, I welcome your comments below. Please subscribe to keep up with this and other Construction Law Musings.

Construction Contract Basics: No Damages for Delay

After WAY too long a hiatus, I am back with another in my series of “Construction Contract Basics” posts.  In past posts, I’ve covered venue provisions, attorney fee provisions, and indemnity clauses.  In this post, I’ll share a few thoughts (or “musings”) on the topic of so-called “no damages for delay” clauses.  These clauses essentially state that a subcontractor’s only remedy for a delay caused by any factor beyond its control (including the fault of the general contractor), after proper notice to the owner or general contractor, is an extension of time to complete the work. Continue reading Construction Contract Basics: No Damages for Delay

Musings on Guest Post Fridays

Originally posted 2015-03-17 10:06:58.

When I first got the idea of “Guest Post Fridays” back in early 2009 and then launched it with a great post from Scott Wolfe of The Wolfe Law Group (@scottwolfejr), I had no idea that it would take off in the way that it has.  Now, almost 2 years and 90 posts later, Construction Law Musings has had the privilege of a wealth of perspectives on, among other topics, mediation (thanks Vickie Pynchon and Ron White), green building (thanks Chris Cheatham, Shari Shapiro, and James Bedell to name three of many), insurance (thanks Martha Sperry and Mark Rabkin), general perspectives on construction topics (thanks Doug Reiser, Melissa Brumback, among many others) and even the occasional interview.

While it is impossible to list all of you who have contributed to Guest Post Fridays here at Musings (please use the link above to review all of these posts and see who else has contributed) and to thank you individually, please know that each and every one of your contributions have made Construction Law Musings a more vibrant and interesting place to visit.  The opportunity to work with such varied, intelligent, and insightful people over the last year has been wonderful.  With each post I learn something new.

Without these contributions to add a layer of color that I could not provide alone, Musings would just be another blog about construction law by a Virginia lawyer.  With them, Musings is a fun place to hang out and learn.  To those who have posted here in the past, the door is always open for a repeat posting, just give me a buzz with a topic and when you can do it.

In short, thank you to all of you who have contributed since this experiment began and I look forward to hearing what you all have to say in the future.

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Proper Notice Can “Accelerate” Your Recovery

Originally posted 2012-07-02 09:00:23.

Map of the United States District Courts in Virginia (Photo credit: Wikipedia)

I have discussed the importance of every word in a construction contract on multiple occasions at Construction Law Musings.  The United States District Court for the Western District of Virginia recently gave another reminder that one area that can act as a sword or shield in a contract is the language regarding provision of notice.

Continue reading Proper Notice Can “Accelerate” Your Recovery

Are Construction Contract Limitation of Liability Clauses on the Way Out in Virginia?

Remember BAE Systems and Fluor?  This post is the third here at Construction Law Musings relating to this case which is a seemingly never-ending source for content.  In the prior post discussing this case, the Court found that Va. Code 1-4.1:1 which bars waiver of a right to payment before work is performed did not apply because Fluor had provided work before execution of the contract or any change orders.

In the most recent opinion in this long-running litigation,  and after a motion to reconsider by Fluor that was granted, the Court re-examined this finding along with the contractual language found in the Limitation of Damages (LOD) clause and came to the opposite conclusion regarding certain change orders that remained unpaid by BAE. Continue reading Are Construction Contract Limitation of Liability Clauses on the Way Out in Virginia?

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