Originally posted 2017-11-27 09:00:36. The Virginia Consumer Protection Act (VCPA) can and often does apply to residential construction. The transaction between a residential contractor and an homeowner has been held to fall under the consumer transaction language of the VCPA and on occasion been used to avoid the issues with the economic loss doctrine in […]
Are Construction Contract Limitation of Liability Clauses on the Way Out in Virginia?
Originally posted 2024-02-19 11:17:26. Remember BAE Systems and Fluor? This post is the third here at Construction Law Musings relating to this case which is a seemingly never-ending source for content. In the prior post discussing this case, the Court found that Va. Code 1-4.1:1 which bars waiver of a right to payment before work […]
Another Possible “Out” of Uniwest?
Remember the Uniwest case that stated that Va. Code 11-4.1 renders an indemnification provision unenforceable if it requires indemnification for the indemnitee’s actions? I’ve discussed it on several occasions and in contexts from applicability to architects to whether it is the operation of an indemnity clause, even where the clause itself would be valid, that […]
When is Forum Selection in a Construction Contract Enforceable?
Originally posted 2021-09-10 09:00:52. If there is one mantra that is repeated often here at Construction Law Musings, it is that your construction contract will be strictly construed and Virginia Courts will enforce the provisions as written. This rule includes forum selection clauses. For those that aren’t attorneys, this means that absent a statute to […]
Uniwest Rides Again (or, Are Architects Subject to Va. Code Section 11-4.1?)
Originally posted 2018-10-03 11:07:55. In 2010, the Virginia Supreme Court held in Uniwest Const., Inc. v. Amtech Elevator Servs., Inc., that Va. Code Sec. 11-4.1 renders completely void and unenforceable any indemnification provision in a construction contract between a contractor and subcontractor that seeks to indemnify the indemnified party from its own negligent acts. In […]