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 […]
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 […]
Happy New Year from Construction Law Musings
Well, it’s the end of another year. 2022 brought a sense of relative normalcy after quite a bit of COVID-related and other turmoil in 2020 and 2021. The Virginia General Assembly passed a pay-if-paid ban that will kick in with the coming of 2023. The second post-COVID construction law seminar was enjoyed by all that […]
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 […]
Are Untimely Repairs an “Occurrence” Triggering CGL Coverage?
Originally posted 2020-10-14 12:02:01. All Class A commercial contractors in Virginia are required to have a minimum level of Commercial General Liability (CGL) coverage. As a general rule, this insurance is there for damage to property or persons arising from an “occurrence” that is covered by the policy. Many cases that are litigated relating to […]