I have been attending the Annual Construction Law and Public Contracts Law seminar for years now (with my firm having “100% attendance” every time). I’ve also, almost annually, praised the combination of networking and programming at this great two day gathering of construction lawyers, judges, and other construction law adjacent presenters. I have even been […]
Are Construction Contract Limitation of Liability Clauses on the Way Out in Virginia?
Originally posted 2024-02-19 11:17:26. 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 […]
Because I Haven’t Mentioned Mediation Lately. . .
Originally posted 2020-10-28 15:24:01. Any regular reader of Construction Law Musings knows that I am both a great believer in mediation and a certified Virginia mediator. After the last few weeks in which I participated in mediation by Zoom, a Judicial Settlement Conference (read, court-ordered mediation with a retired judge), and will be participating in […]
Another Possible “Out” of Uniwest?
Remember the Uniwest case that stated that Va. Code 11-4.1 renders an indemnification provision unenforceable if it requires indemnification for the indemnitee’s actions? I’ve discussed it on several occasions and in contexts from applicability to architects to whether it is the operation of an indemnity clause, even where the clause itself would be valid, that […]
When is Forum Selection in a Construction Contract Enforceable?
Originally posted 2021-09-10 09:00:52. 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 […]