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 […]
Motions to Dismiss, Limitations of Liability, and More
Originally posted 2023-01-17 15:48:19. Remember BAE Sys. Ordnance Sys. V. Fluor Fed. Sols? I examined that case on two occasions previously here at Construction Law Musings. Previously the discussions were about the mix (or lack thereof) between fraud and contract and about how careful contract drafting is key. In the most recent opinion in this […]
Wow! It’s Been 15 Years as a Solo Construction Lawyer!
I have always found it appropriate that my jump to solo practice and Independence Day are so close in time. Today marks the 15th anniversary of my first day as a solo practitioner of construction law at The Law Office of Christopher G. Hill, PC. Time sure has flown by thanks to the great clients and friends […]
Big News for “Smaller” Construction Cases
As a Virginia construction attorney and solo practitioner, I represent many clients that have construction claims that cover the spectrum from $20,000 (and possibly less) to somewhere in the millions. Back in 2011, the Virginia General Assembly updated the General District Court (the court “not of record” that takes less time and costs less in […]