Originally posted 2022-07-19 10:14:09. This past General Assembly session, and after a governor’s amendment and with the convening of a study group, a new statute banning so-called “pay-if-paid” clauses from enforcement was passed. Some of the key features of the legislation are as follows: It does not take effect until January 1, 2023, and, For
Remember BAE Sys. Ordnance Sys. V. Fluor Fed. Sols? I examined that case on two occasions previously here at Construction Law Musings. Previously the discussions were about the mix (or lack thereof) between fraud and contract and about how careful contract drafting is key. In the most recent opinion in this ongoing litigation from March
Originally posted 2013-07-15 11:10:04. As anyone who has practiced construction law for any period of time knows, Motions to Dismiss are a regular occurrence. These motions are made in an attempt to get a claim reviewed and rejected early in the process. Because these motions to dismiss can and do lead to the dismissal of
Originally posted 2020-10-14 12:02:01. All Class A commercial contractors in Virginia are required to have a minimum level of Commercial General Liability (CGL) coverage. As a general rule, this insurance is there for damage to property or persons arising from an “occurrence” that is covered by the policy. Many cases that are litigated relating to
Originally posted 2014-07-09 09:44:01. In the course of my construction law practice, I have the pleasure of speaking with and talking to contractors and subcontractors that are based in Virginia and also based in other states. With the more nationalized construction landscape due to the constricted construction economy, I have more and more interaction with