Thoughts on construction law from Christopher G. Hill, Virginia construction lawyer, LEED AP, mediator, and member of the Virginia Legal Elite in Construction Law

Category Archives: Construction Law

No End in Sight: Managing Latent Defect Exposure in a Post-Jacobs Engineering World

Originally posted 2014-05-30 15:00:56. For this week’s Guest Post Friday post here at Construction Law Musings, we welcome first time poster Matt Bouchard.  Matt is a partner with Lewis & Roberts, PLLC in Raleigh, North Carolina.  For over ten years his practice has focused on representing the interests of contractors, sureties and owners in connection

More on the VCPA and Construction

I have posted before regarding the intersection between the Virginia Consumer Protection Act (VCPA) and construction contracting in regard to residential construction projects.  A case out of the Eastern District of Virginia District Court further discusses this intersection as it relates to design contracts that also include the procurement and installation of certain design elements

Final Thoughts on New Pay If Paid Legislation in VA

Originally posted 2022-07-19 10:14:09. This past General Assembly session, and after a governor’s amendment and with the convening of a study group, a new statute banning so-called “pay-if-paid” clauses from enforcement was passed.  Some of the key features of the legislation are as follows: It does not take effect until January 1, 2023, and, For

Motions to Dismiss, Limitations of Liability, and More

Remember BAE Sys. Ordnance Sys. V. Fluor Fed. Sols?  I examined that case on two occasions previously here at Construction Law Musings.  Previously the discussions were about the mix (or lack thereof) between fraud and contract and about how careful contract drafting is key. In the most recent opinion in this ongoing litigation from March

A Twist on Mechanic’s Liens and Bankruptcy

Originally posted 2010-11-08 11:28:52. We have discussed mechanic’s liens and their advantages relating to bankruptcy on several occasions here at Musings.  As I warmed up from a cold weekend of camping with my son’s Boy Scout troop, I remembered a recent case out of the Fairfax County, Virginia Circuit Court that provides an explanation of