Here at Construction Law Musings, I have discussed the interwoven issues of fraud, contract, and the Virginia Consumer Protection Act (VCPA) on several occasions. In most cases, the three simply don’t mix, acting more like oil and water than parallel causes of action. There are exceptions however so these three are always worth exploring in […]
Top Five General Tips for All Construction Contracts
Originally posted 2012-11-09 12:30:29. For this week’s Guest Post Friday here at Musings we welcome Spencer Wiegard. Spencer is a Partner with Gentry Locke Rakes & Moore, LLP. He is a member of the firm’s Construction Law and Commercial Litigation practice groups. Spencer focuses his practice in the areas of construction law and construction litigation. […]
Impactful Construction Legislation Enacted for 2020
Originally posted 2020-04-27 09:00:55. With COVID-19 dominating the news and planning for issues relating to it being a top priority for construction firms in Virginia, it is almost hard to remember that the Virginia General Assembly was in session and considering several bills with a direct effect on the construciton industry. I discussed several in […]
Who Decides Who Can Arbitrate? The Court. . . .Sometimes
I have often discussed alternate dispute resolution (ADR) here at Construction Law Musings. In most of those posts, I’ve either discussed the advantages and/or disadvantages of arbitration or mediation. In any of the other ADR-related posts, the assumption was that the question about the arbitrability of the claim (namely that the claim was either properly […]
Quick Tip: Don’t Indemnify for Breach of Contract
Every contractor or subcontractor has seen that indemnification language in a contract that states that the indemnifying party will indemnify the contractor, owner, architect, owner representative (and likely to dog walker, though I’m unclear on that one) for any claim relating to the indemnifying parties actions to include any breach of the construction agreement. This […]