In a move that was much anticipated, the Virginia senate recently passed legislation barring straight pay-if-paid clauses in construction contracts between General Contractors and Subcontractors. SB550 effectively nullifies, for both private and public construction contracts, the “condition precedent” pay-if-paid clauses that are sometimes the bane of a subcontractor’s existence. The Virginia House of Delegates passed […]
Construction Lawyers Should Be Problem Solvers
Originally posted 2017-06-08 11:43:50. No one wants to call a construction attorney. Those of us that practice construction law and advise contractors, subcontractors and suppliers in the construction industry know this. We are associated with problems. We are seen as necessary evils when folks in construction feel the need to call us. I get it […]
Monitor Yourself to Avoid Construction Risk
Originally posted 2014-11-24 08:00:53. As I looked through my weekly piles of mail, an article in Constructor Magazine caught my attention. The article was in the insurance commentary section of the magazine and is entitled “Avoiding Common Causes of Contractor Failure.” While this article is written from an insurance perspective, many of the same principles […]
More Reminders that the Specific Contract Terms Matter
If there is a theme I have pounded upon here at Construction Law Musings in the over 13 years of posting, it is that the specific terms of your construction contracts will make a huge difference. While there have been reminders galore, a case from the Eastern District of Virginia presented another wrinkle on this […]
Some Construction Contract Basics- Necessities and Pitfalls
Originally posted 2015-05-25 10:00:42. Recently, I’ve been on an “advising” kick here at Construction Law Musings. My last two posts have been about communication and trusting your gut when it comes to a smooth construction project. This post will be the third in the trilogy (and who knows maybe I’ll have a 4th and 5th […]