Originally posted 2013-07-30 09:00:41. Here at Construction Law Musings, we always preach that a good contract is the best way to start a project off right. No only do the Virginia courts enforce these contracts to a “T,” a well drafted contract can and does set the expectations for both sides so that those wonderful […]
Reminder: FOLLOW Your Well Drafted Contract Provisions
I have early and very often stated that your contract is the basis for everything relating to your construction project. Everything from “no damages for delay” clauses to attorney fees to indemnity are found in those documents. A well drafted construction contract sets the expectations for the project clearly and, aside from just making it […]
Yet Another Reason That Your Contract Matters
Originally posted 2012-01-16 09:00:11. I have discussed on several occasions the fact that construction contracts matter. The words in contracts matter and, in Virginia (as well as other states), most provisions, if not all will be enforced to the letter. Recently, the Western District of Virginia federal court ruled in a way that reminded me […]
Yet ANOTHER Reminder to Always Respond
Originally posted 2021-06-23 11:32:03. You would think I wouldn’t have to discuss the absolute need to respond to any served pleadings, particularly after some of the prior examples of what can happen if you fail to respond. Of course, I wouldn’t be starting a post like this if those that were sued contacted an experienced […]
Reminder: You Can’t Make Others Indemnify You for Your Own Actions
I have spoken about Virginia Code 11-4.1 and the prohibition on forcing others to indemnify for the actions of the indemnitees on a few occasions here at Construction Law Musings (See Uniwest Posts). The Western District of Virginia gave its take on indemnification clauses and why they need to be carefully drafted in a December 2024 […]