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

Limiting Services Can Lead to Increased Liability

Originally posted 2012-04-06 09:00:08. For this week’s Guest Post Friday Musings, we welcome Nick Pacella.  Nick is an architect licensed in New York, New Jersey and Connecticut. His practice has spanned several economic swings and he has been able to reposition the eggs in his basket to make the most of each recovery. He is

When Is an Arbitration Clause Unconscionable? Not Often

Originally posted 2021-03-03 11:55:15. Here at Construction Law Musings, I have discussed the pros and cons of various forms of Alternative Dispute Resolution (ADR), including arbitration.  I am a fan of most ADR, but less of one for arbitration than for mediation.  However, where the arbitration can be done under a good set of cost-containing

Maybe Close Enough Still Counts with Mechanic’s Liens?

Originally posted 2020-05-05 14:01:50. Remember that case where “substantial compliance” was enough for the proper enforcement of your mechanic’s lien rights?  Remember how I said maybe it was an outlier?  Remember how the Virginia General Assembly modified the statute and the statutory forms to account for the ambiguity discussed in the Desai case? Remember how

PSA: Virginia House Passes Pay-if-Paid Ban for Construction Contracts (UPDATED)

In a move that was much anticipated, the Virginia senate recently passed legislation barring straight pay-if-paid clauses in construction contracts between General Contractors and Subcontractors.  SB550 effectively nullifies, for both private and public construction contracts, the “condition precedent” pay-if-paid clauses that are sometimes the bane of a subcontractor’s existence.  The Virginia House of Delegates passed

Construction Lawyers Should Be Problem Solvers

Originally posted 2017-06-08 11:43:50. No one wants to call a construction attorney.  Those of us that practice construction law and advise contractors, subcontractors and suppliers in the construction industry know this.  We are associated with problems.  We are seen as necessary evils when folks in construction feel the need to call us.  I get it