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

Be Careful When Walking Off of a Construction Project

Originally posted 2017-08-10 10:29:18. I am truly grateful that my buddy Craig Martin (@craigmartin_jd) continues his great posts over at The Construction Contractor Advisor blog.  He is always a good cure for writer’s block and once again this week he gave me some inspiration.  In his most recent post, Craig discusses a recent Indiana case

A Teaming Agreement is Still a Contract (or, Be Careful with Agreements to Agree)

I have discussed teaming agreements in this past here at Construction Law Musings.  These agreements are most typically where one of two entities meets a contracting requirement but may not have the capacity to fulfill a contract on its own so brings in another entity to assist.  However, these agreements are contracts and are treated

Form Contracts are Great, but. . .

Originally posted 2011-06-24 09:26:58. Recently I was discussing the ConsensusDOCs with a colleague and friend and had a revelation. These forms are used often (though somewhat less than their AIA counterparts and less than they should be used). Quick disclaimer: I have been a part of a couple of drafting committees for ConsensusDOCs and am

Miller Act Bond Claims Subject to “Pay If Paid”. . . Sometimes

Originally posted 2014-07-09 09:44:02. The Federal Miller Act is a great tool that subcontractors and suppliers on Federal projects can use for collection of wrongfully withheld amounts due.  However, as a recent federal case from the Eastern District of Virginia points out, the construction contract’s terms affect when a subcontractor or supplier can use this

General Indemnity Agreement Can Come Back to Bite You

I talk about payment bonds often here at Construction Law Musings.  I talk a bit less about performance bonds and even less about the General Indemnity Agreements (GIA) that are signed by companies and their principals as part of the agreement between a construction company and its bonding company for the provision of these bonds.