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: Business of Construction

Reasonableness of Liquidated Damages Determined at Time of Contract (or, You Can’t Look Back Again)

Originally posted 2020-08-31 11:51:41. I’ve discussed the continuing litigation between White Oak Power Constructors v. Mitsubishi Hitachi Power Systems Americas, Inc. previously here at Construction Law Musings because the case was another reminder that your construction contract terms matter and will be interpreted strictly here in the Commonwealth of Virginia.  The prior opinion in this

A Reminder to Get Your Contractor’s License in Virginia

A question I get often, particularly from construction contractors outside of Virginia is whether they need to get a Virginia contractor’s license.  The answer is almost invariably “yes.”  The next question is why?  The answer is almost always “Because state law says so.”  With some minor exceptions for material suppliers and the like, Virginia law

When is Mediation Appropriate for Your Construction Case?

Originally posted 2015-04-21 10:03:28. Here at Construction Law Musings, I have often discussed mediation as a good alternative to the expense and headaches of litigation.  What I have discussed less often are the circumstances in which it is most appropriate to consider or even push for mediation. The obvious and clearest time that mediation must

Virginia General Assembly Tweaks Pay-if-Paid Ban

Last year, the Virginia General Assembly passed into law a ban on the so-called pay-if-paid clauses, effective January 1, 2023.  I shared my thoughts and concerns with the legislation as drafted at the time of its passage.  During this most recent legislative session, and among some other construction-related bills, the General Assembly sought to clarify