Originally posted 2011-10-10 09:00:52. As anyone who reads Construction Law Musings on even an irregular basis knows, I am a major advocate of getting everything (especially change orders) in writing. This is particularly true where your construction contract documents require written change orders. In other words, you should make your contracts say what you want
Originally posted 2015-06-16 13:00:56. Once again I get to thank Scott Wolfe (@scottwolfejr) over at Zlien for an opportunity to guest post. This time around it is on the soon to be implemented changes to the Virginia law as it relates to contractual waivers of lien and bond claim rights. Here’s a taste of the
Originally posted 2017-12-25 10:00:02. Punitive damages are hard to come by in construction law cases. This is because almost all construction contract cases are exactly that: contract cases. Between the economic loss rule and the Virginia Courts’ almost (though not completely) impregnable wall between tort and contract, punitive damages may seem completely out of the
If there is one mantra that is repeated often here at Construction Law Musings, it is that your construction contract will be strictly construed and Virginia Courts will enforce the provisions as written. This rule includes forum selection clauses. For those that aren’t attorneys, this means that absent a statute to the contrary, the parties
Originally posted 2016-03-02 15:25:38. We’ve all been there. Your client either has a well drafted standard subcontract (with any luck in consultation with an experienced construction attorney) that it presents to its subcontractors and suppliers or your client is presented with a construction contract that has some provisions that it would prefer were either different