Originally posted 2015-01-22 09:35:10. This past July, the Roanoke Circuit Court reminded us all of the need to put attorney fees provisions in construction contracts. In the case of Shen Valley Masonry, Inc. v. Thor, Inc., et al., the Court, among other rulings, allowed the defendant to collect its attorney fees because Thor had such […]
Thoughts on New Pay if Paid Legislation (UPDATED with Final Text)
Originally posted 2022-03-23 10:54:51. Recently, the Virginia General Assembly closed its session having passed legislation essentially banning “pay if paid” clauses in construction contracts, both public and private. Assuming that Governor Youngkin signs the bill into law on or before his deadline of April 11, 2022, the following new requirement will be grafted into any […]
Happy End of Summer from Construction Law Musings
Ahh, Labor Day, the end of summer break for many, and the beginning of another school year. My wife dropped our youngest off for her Sophomore year and the only non-college school year will be experienced by our son, a 6th-grade math teacher in Boone, NC. Our oldest is now a happy homeowner in her […]
LEED Certification Challenges: What is “Close Enough”?
Originally posted 2014-10-13 09:15:02. There have been many discussions lately regarding the Northland Pines challenge to the LEED certification of its high school facility recently rejected by the USGBC, notably at the Builder’s Counsel Blog and at the Green Building Law Update. You can check out the Green Building Law Update link for the entire […]
Construction News Roundup
Originally posted 2011-03-28 09:01:00. Much happened in the last week or so in Virginia construction, both legally and otherwise. I thought a quick roundup was in order. On the green front we has a great article in ENR relating to the liability risk of green building and the great interest in the AGCVA Green Building […]