Recently, I discussed some issues with a non-Virginia contractor. Its principal had some great questions that reminded me that construction law here in the Commonwealth of Virginia can be a bit different from that in other states. This fact is not only true for mechanic’s lien and “Little Miller Act” claims, but for registration of […]
The Changing Landscape of OSHA Enforcement and Penalty Calculations
For this week’s Guest Post Friday here at Construction Law Musings, we welcome Josh Johnson. Josh is a friend and a litigation attorney at Gentry Locke Rakes & Moore, LLP in Roanoke, Virginia. He practices in several areas, including construction law. Josh graduated from the University of Virginia School of Law in 2005, and he […]
Plain Meaning Can Be a Bear
The Fairfax, Virginia Circuit Court recently reminded us all of how strictly the Virginia courts will read an insurance policy or contract. In Dent v. Allstate Indemnity Co., the court looked at a homeowners policy and whether coverage existed for a flooded basement. The key language was found in the Virginia Water Damage endorsement and […]
Reflections on a Construction Law Weekend
Image via Wikipedia Each of the last two years, I have attended the Virginia State Bar Construction Law and Public Contracts Section Seminar. This year it was held at the Boar’s Head Inn in Charlottesville, VA. While there, I have the pleasure of talking with friends (among them Tim Hughes aka @vaconstruction and main force […]
Good Deeds Still Going Punished? (Dragas Part III)
If you recall, a bit over a year ago I posted regarding the Builders Mut. Ins. Co. v. Dragas Management Corp. litigation in the Eastern District of Virginia federal court. Back in May of 2010, the Court dismissed a suit by a contractor that voluntarily created a remediation plan relating to Chinese drywall found in […]