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, […]
Yet Another Reminder That Pleading Matters
Originally posted 2013-07-15 11:10:04. As anyone who has practiced construction law for any period of time knows, Motions to Dismiss are a regular occurrence. These motions are made in an attempt to get a claim reviewed and rejected early in the process. Because these motions to dismiss can and do lead to the dismissal of […]
Reminder: Quantum Meruit and Breach of Construction Contract Don’t Mix
Originally posted 2015-07-01 10:00:53. Construction contracts (preferably written ones) are near and dear to my heart here at Construction Law Musings. In a world where the contract is king, having a written construction agreement is a key component of any properly run construction project. However, even with the best construction contract there are claims (Murphy […]