Originally posted 2012-02-10 14:56:07. Earlier here at Musings, I opined that sometimes the old saw about no good deed goes unpunished applies to construction. The subject of that post was litigation in the Eastern District of Virginia federal court between a contractor who reached an informal settlement with certain homeowners relating to Chinese drywall damages. […]
A Few Construction Related Bills to Keep an Eye On in 2023 (UPDATED)
The annual General Assembly session is now well underway here in the Commonwealth of Virginia. As is always the case, those in our fine state legislature have introduced with varying success a few construction-related bills. This post will list just a few without comment, and a big one at the end that will likely spur […]
No End in Sight: Managing Latent Defect Exposure in a Post-Jacobs Engineering World
Originally posted 2014-05-30 15:00:56. For this week’s Guest Post Friday post here at Construction Law Musings, we welcome first time poster Matt Bouchard. Matt is a partner with Lewis & Roberts, PLLC in Raleigh, North Carolina. For over ten years his practice has focused on representing the interests of contractors, sureties and owners in connection […]
More on the VCPA and Construction
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 […]