Originally posted 2010-09-03 09:00:28. Just recently ENR Magazine (one that I read regularly and highly recommend), published an article stating that contractors and subcontractors are bidding at or near cost in a race to get work. This aggressive bidding environment requires contractors and subcontractors to find work in a field with a present glut of […]
Mediation in the Zero Sum World of Construction
Originally posted 2015-09-28 09:00:20. Construction is a zero sum game. What do I mean by that? I mean that even where you, a construction professional with a great construction lawyer, have reviewed and edited a subcontract presented to you or provided a well-drafted contract to the other party that contains an attorney fees provision, every […]
PSA: Pay If Paid Ban Goes into Effect on January 1, 2023
I have written a couple of times here at Musings regarding the new pay-if-paid legislation passed by the General Assembly last session. While the statute has some inconsistencies and a working group has made some recommendations, the legislation as passed will go into effect on January 1, 2023, without any changes (at least until next […]
I’m Always Learning from Teaching about Construction
Originally posted 2016-11-21 09:36:37. Back on November 8 and 9, 2016, aside from hearing about some sort of election, I joined a good friend of mine, Chuck McCarthy, from W. M. Jordan Company to teach part of the AGC Project Manager Development Program. Being an attorney, I was of course teaching the module on Contract […]
Another Great Time at the Boar’s Head Inn
This year was the 43rd Annual Construction & Public Contracts Law seminar at the Boars Head Inn in Charlottesville. As is almost always the case, the two-day seminar included great topics for the experienced Virginia construction attorney as well as those new to my favorite area of law. This year we had a different ethics […]