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

A Lien By Any Other Name Can Sound Just As Sweet

Originally posted 2014-08-04 09:00:11. For this weeks Guest Post Friday here at Musings, we have our first three time guest poster.  Scott Wolfe, Jr. (@scottwolfejr on Twitter) is a construction lawyer practicing in Washington, Oregon and Louisiana.   He is the founding member of the bi-coastal construction law boutique practice, Wolfe Law Group.  He is also

Construction Contract Basics: No Damages for Delay

After WAY too long a hiatus, I am back with another in my series of “Construction Contract Basics” posts.  In past posts, I’ve covered venue provisions, attorney fee provisions, and indemnity clauses.  In this post, I’ll share a few thoughts (or “musings”) on the topic of so-called “no damages for delay” clauses.  These clauses essentially

Proper Notice Can “Accelerate” Your Recovery

Originally posted 2012-07-02 09:00:23. I have discussed the importance of every word in a construction contract on multiple occasions at Construction Law Musings.  The United States District Court for the Western District of Virginia recently gave another reminder that one area that can act as a sword or shield in a contract is the language

Are Construction Contract Limitation of Liability Clauses on the Way Out in Virginia?

Remember BAE Systems and Fluor?  This post is the third here at Construction Law Musings relating to this case which is a seemingly never-ending source for content.  In the prior post discussing this case, the Court found that Va. Code 1-4.1:1 which bars waiver of a right to payment before work is performed did not

Uniwest Rides Again (or, Are Architects Subject to Va. Code Section 11-4.1?)

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