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 […]
Anatomy of a Construction Dispute- A Wrap Up
Originally posted 2015-02-06 09:37:58. Over the past four weeks, I’ve “mused” on the “stages” of a construction dispute. What started as a kernel of thought in my mind turned into what has seemed to be a popular set of four posts that I hope were both informative and interesting. Because of the great feedback I’ve […]
Green Expectations are Key to a Successful Construction Project
Originally posted 2010-12-20 09:00:55. I have talked a lot about LEED and sustainable building here at Construction Law Musings. Recently, Constructor Magazine ran an article about “Green Expectations” that caught my eye. While we (and I include the great guest posts on the subject) have discussed the risks and possible future litigation relating to LEED […]
What is “Action by a Public Body” Where County Exempted from VPPA?
Originally posted 2020-01-22 11:26:10. The Virginia Public Procurement Act (“VPPA”) governs the contractual relationships between the Commonwealth and its subdivisions and the businesses and individuals that provide them goods and services. It also provides the mechanism for the appeal of certain decisions by public bodies as well as a method by which a county can […]
PSA: Be Sure to Document (Even When Time is Short)
Written change orders are a big deal. Almost all construction contracts (at least the well drafted ones) require written contracts. Written change orders are even important enough that Virginia law requires these provisions in residential construction contracts. Why are they so important? Because they are a “mini-contract” of sorts. They set the expectations, price, time, […]