As I’ve stated numerous times here at Musings, in Virginia the contract is king. The courts of Virginia will read a contract as written and where there is a contract (read as foreshadowing), the courts will assume the parties knew what they were doing and enforce it by its terms. However, there has to be […]
Be Careful with Continuous Breach and Statute of Limitations
If you are a construction attorney like me (or anyone that takes cases to court), you deal with statutes of limitation on a daily basis. These statutes seem pretty simple. A party has “X” amount of time in which to file its lawsuit after accural of the cause of action. In a breach of contract […]
Check Out Issue 1 of Virginia’s Construction Voice Magazine
Recently the Associated General Contractors of Virginia published its first print magazine, Virginia’s Construction Voice. I have always enjoyed my membership in this organization and find the AGC-VA to be a worthwhile expenditure of time and resources for a construction attorney like myself. I recommend that you check out both the organization and the magazine, […]
Is Arbitration Always the Answer?
Originally posted 2016-04-19 10:50:36. After a long (for me) hiatus due to Spring Break with my wonderful family followed by a crazy last two weeks for both personal and business reasons, I’m back and ready to muse again. This week’s “musings” concern a topic that arises often in construction contracts and construction dispute resolution. The […]
Pay If Paid, Pay Attention Subs
Originally posted 2010-08-31 10:09:40. Recently, we all had yet another reminder that the Virginia Courts will strictly construe even the strictest of payment conditions. In the W. O. Grubb Steel Erection Co. v. 515 Granby, LLC case (full text of opinion in .pdf here), Suburban Grading and Utilities found this out in spades, much to […]