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

Discussions of Changes in Virginia Mechanic’s Lien Law at ZLien

Originally posted 2015-06-16 13:00:56. Once again I get to thank Scott Wolfe (@scottwolfejr) over at Zlien for an opportunity to guest post.  This time around it is on the soon to be implemented changes to the Virginia law as it relates to contractual waivers of lien and bond claim rights. Here’s a taste of the

Is Settling a Bond Claim in the Face of a Seemingly Clear Statute of Limitations Defense Bad Faith?

We have often discussed payment and performance bonds here at Construction Law Musings, most often in the context of payment bond claims relating to federal and state-owned. construction projects.  A late 2020 case out of the Eastern District of Virginia federal court examined what happens after such a claim, in this case, based upon a

Reckless Disregard is. . . Well. . .Reckless

Originally posted 2017-12-25 10:00:02. Punitive damages are hard to come by in construction law cases.  This is because almost all construction contract cases are exactly that: contract cases.  Between the economic loss rule and the Virginia Courts’ almost (though not completely) impregnable wall between tort and contract, punitive damages may seem completely out of the

National Mechanic’s Lien Law? A Response

Originally posted 2013-03-18 10:10:22. Construction attorney, entrepreneur, and good friend Scott Wolfe (@scottwolfejr and @zlienit) recently posted his thoughts and endorsement of a uniform national mechanic’s lien law.  Aside from the interesting photo of his dog in sunglasses (I still want to know how he got the dog to sit still for the photo), Scott

When is Forum Selection in a Construction Contract Enforceable?

If there is one mantra that is repeated often here at Construction Law Musings, it is that your construction contract will be strictly construed and Virginia Courts will enforce the provisions as written.  This rule includes forum selection clauses.  For those that aren’t attorneys, this means that absent a statute to the contrary, the parties