Originally posted 2015-03-17 10:06:58. When I first got the idea of “Guest Post Fridays” back in early 2009 and then launched it with a great post from Scott Wolfe of The Wolfe Law Group (@scottwolfejr), I had no idea that it would take off in the way that it has. Now, almost 2 years and […]
Proper Notice Can “Accelerate” Your Recovery
Originally posted 2012-07-02 09:00:23. I have discussed the importance of every word in a construction contract on multiple occasions at Construction Law Musings. The United States District Court for the Western District of Virginia recently gave another reminder that one area that can act as a sword or shield in a contract is the language […]
Are Construction Contract Limitation of Liability Clauses on the Way Out in Virginia?
Remember BAE Systems and Fluor? This post is the third here at Construction Law Musings relating to this case which is a seemingly never-ending source for content. In the prior post discussing this case, the Court found that Va. Code 1-4.1:1 which bars waiver of a right to payment before work is performed did not […]
Uniwest Rides Again (or, Are Architects Subject to Va. Code Section 11-4.1?)
Originally posted 2018-10-03 11:07:55. In 2010, the Virginia Supreme Court held in Uniwest Const., Inc. v. Amtech Elevator Servs., Inc., that Va. Code Sec. 11-4.1 renders completely void and unenforceable any indemnification provision in a construction contract between a contractor and subcontractor that seeks to indemnify the indemnified party from its own negligent acts. In […]
Contractors and Green Building: I feel the need … the need for LEED!
Originally posted 2010-12-03 09:00:24. For this week’s Guest Post Friday, Musings welcomes Ryan Bowers (@ryanbbowers). Ryan is a construction law attorney and business litigator. Ryan’s construction practice draws on his years of hands-on experience in the construction field, which predates his practice of law. He also maintains Law under Construction, a blog built for Indiana construction […]