Originally posted 2022-07-19 10:14:09. This past General Assembly session, and after a governor’s amendment and with the convening of a study group, a new statute banning so-called “pay-if-paid” clauses from enforcement was passed. Some of the key features of the legislation are as follows: It does not take effect until January 1, 2023, and, For […]
A Twist on Mechanic’s Liens and Bankruptcy
Originally posted 2010-11-08 11:28:52. We have discussed mechanic’s liens and their advantages relating to bankruptcy on several occasions here at Musings. As I warmed up from a cold weekend of camping with my son’s Boy Scout troop, I remembered a recent case out of the Fairfax County, Virginia Circuit Court that provides an explanation of […]
Happy New Year from Construction Law Musings
Well, it’s the end of another year. 2022 brought a sense of relative normalcy after quite a bit of COVID-related and other turmoil in 2020 and 2021. The Virginia General Assembly passed a pay-if-paid ban that will kick in with the coming of 2023. The second post-COVID construction law seminar was enjoyed by all that […]
Are Untimely Repairs an “Occurrence” Triggering CGL Coverage?
Originally posted 2020-10-14 12:02:01. All Class A commercial contractors in Virginia are required to have a minimum level of Commercial General Liability (CGL) coverage. As a general rule, this insurance is there for damage to property or persons arising from an “occurrence” that is covered by the policy. Many cases that are litigated relating to […]
What’s the Best Way to “Use” a Construction Attorney?
The question in the title of this post is one I think about a lot. I have also discussed some aspects of this topic previously here at Musings. As 2022 winds down and we head into 2023, my thoughts have landed back on how I as a construction lawyer can help my clients and how […]