I have written a couple of times here at Musings regarding the new pay-if-paid legislation passed by the General Assembly last session. While the statute has some inconsistencies and a working group has made some recommendations, the legislation as passed will go into effect on January 1, 2023, without any changes (at least until next […]
I’m Always Learning from Teaching about Construction
Originally posted 2016-11-21 09:36:37. Back on November 8 and 9, 2016, aside from hearing about some sort of election, I joined a good friend of mine, Chuck McCarthy, from W. M. Jordan Company to teach part of the AGC Project Manager Development Program. Being an attorney, I was of course teaching the module on Contract […]
Starting July 1, 2020 General Contractors are “Employers” for All Workers on Their Jobsite
Originally posted 2020-05-13 11:56:14. I have discussed the impactful legislation to the Virginia construction industry in prior posts here at Construction Law Musings. One of those statutes that will take effect on July 1, 2020 will fundamentally change the relationships between general contractors and their subcontractors and suppliers.
Why Attorney Fees Provisions Must Be in Your Contracts
Originally posted 2015-01-22 09:35:10. This past July, the Roanoke Circuit Court reminded us all of the need to put attorney fees provisions in construction contracts. In the case of Shen Valley Masonry, Inc. v. Thor, Inc., et al., the Court, among other rulings, allowed the defendant to collect its attorney fees because Thor had such […]
Thoughts on New Pay if Paid Legislation (UPDATED with Final Text)
Originally posted 2022-03-23 10:54:51. Recently, the Virginia General Assembly closed its session having passed legislation essentially banning “pay if paid” clauses in construction contracts, both public and private. Assuming that Governor Youngkin signs the bill into law on or before his deadline of April 11, 2022, the following new requirement will be grafted into any […]