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 […]
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 […]
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 […]
Proper Notice Can “Accelerate” Your Recovery
Originally posted 2012-07-02 09:00:23. 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 […]
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 […]