Originally posted 2013-08-26 09:10:19. Thank goodness for my pal and fellow blogger, Craig Martin (@craigmartin_jd). Whenever I hit a bout of writer’s block, he comes through with a great idea for a post that I am more than ready to play off of here at Construction Law Musings. This time his post is on that […]
Incorporation May Not Be a Shield if You’re not Careful
Originally posted 2012-04-24 17:00:18. On at least one occasion here at Construction Law Musings, I have discussed the need to operate your business as a corporation or LLC. The primary reason that I, as a construction attorney, recommend this is for the liability protection against attacks on your personal assets. Proper use of incorporation can […]
Terms of Your Teaming Agreement Matter
Originally posted 2019-01-07 09:00:13. These days in construction, and other pursuits, teaming agreements have become a great method for large and small contractors to work together to take advantage of various contract and job requirements from minority participation to veteran ownership. With the proliferation of these agreements, parties must be careful in how they draft […]
When is an Indemnification Provision Unenforceable?
Originally posted 2021-08-19 12:30:44. Virginia Code Sec. 11-4.1 makes indemnification provisions in construction contracts that are so broad as to indemnify the indemnitee from its own negligence unenforceable. Of course, this begs the question as to what language of indemnification provisions make them unenforceable. A case from the City of Chesapeake Virginia Circuit Court examined […]
Why Eeyore Is My Favorite A. A. Milne Character
Growing up, I used to love the A. A. Milne books. Christopher Robin with his friends Owl, Piglet, Rabbit, Tigger, and, of course, that “Pooh Sticks” playing bear, Winnie the Pooh often accompanied me to bed in the evening as I read myself to sleep. Of all of the characters in Robin’s menagerie, I liked […]