A question I get often, particularly from construction contractors outside of Virginia is whether they need to get a Virginia contractor’s license. The answer is almost invariably “yes.” The next question is why? The answer is almost always “Because state law says so.” With some minor exceptions for material suppliers and the like, Virginia law […]
Virginia General Assembly Tweaks Pay-if-Paid Ban
Last year, the Virginia General Assembly passed into law a ban on the so-called pay-if-paid clauses, effective January 1, 2023. I shared my thoughts and concerns with the legislation as drafted at the time of its passage. During this most recent legislative session, and among some other construction-related bills, the General Assembly sought to clarify […]
Construction Contract Terms Matter. Be Careful When You Draft Them.
Originally posted 2022-01-28 12:15:02. In a prior post, I discussed the case of Fluor Fed. Sols., LLC v. Bae Sys. Ordinance Sys in the context of the interplay between fraud, contract, and statutes of limitation. Some cases just keep on giving. This time the case illustrates the need for careful drafting of those pesky, and […]
Pleading Matters when Enforcing a Construction Contract
Originally posted 2013-03-25 09:00:55. On more than one occasion here at Construction Law Musings, I discussed the necessity of a good construction contract. Of course, even the best contracts require proper pleading in court if you want to enforce them. The Western District of Virginia federal court recently reminded us that a properly plead complaint […]
Random Thoughts on LEED Challenges and De-certification
Originally posted 2010-05-10 09:00:01. Here at Musings, we have discussed the issues to do with LEED de-certification because of energy reporting (or lack thereof) by the owner of the building. Remember the italicized portion of this last sentence, because the de-certification discussion has taken a new turn. Now, not only can the Owner of a […]