I have posted before regarding the intersection between the Virginia Consumer Protection Act (VCPA) and construction contracting in regard to residential construction projects. A case out of the Eastern District of Virginia District Court further discusses this intersection as it relates to design contracts that also include the procurement and installation of certain design elements […]
Final Thoughts on New Pay If Paid Legislation in VA
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 […]
Yet Another Reminder That Pleading Matters
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 […]
Are Untimely Repairs an “Occurrence” Triggering CGL Coverage?
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 […]
Construction Economy and Bids- A Liability Nightmare?
Originally posted 2010-09-03 09:00:28. Just recently ENR Magazine (one that I read regularly and highly recommend), published an article stating that contractors and subcontractors are bidding at or near cost in a race to get work. This aggressive bidding environment requires contractors and subcontractors to find work in a field with a present glut of […]