Originally posted 2013-03-05 10:07:54. I have discussed on prior occasions reasons why construction contractors should incorporate if they had not already. While incorporation is not a total shield against all claims, particularly if a contractor is not careful in keeping up with corporate formalities, forming a corporation or an LLC can provide some liability protection […]
Mediation is (Almost) Always Worth a Shot
As Hurricane Ian is bearing down on Florida the economy is sputtering, it is easy to lose track of things that construction professionals (among others) can control. One of those things is how to resolve your construction dispute. When initial, and hopefully business-oriented, discussions break down and the construction lawyers get involved, often more formal […]
Starting July 1, 2020 General Contractors are “Employers” for All Workers on Their Jobsite
Originally posted 2020-05-13 11:56:14. I have discussed the impactful legislation to the Virginia construction industry in prior posts here at Construction Law Musings. One of those statutes that will take effect on July 1, 2020 will fundamentally change the relationships between general contractors and their subcontractors and suppliers.
Why Attorney Fees Provisions Must Be in Your Contracts
Originally posted 2015-01-22 09:35:10. This past July, the Roanoke Circuit Court reminded us all of the need to put attorney fees provisions in construction contracts. In the case of Shen Valley Masonry, Inc. v. Thor, Inc., et al., the Court, among other rulings, allowed the defendant to collect its attorney fees because Thor had such […]
Thoughts on New Pay if Paid Legislation (UPDATED with Final Text)
Originally posted 2022-03-23 10:54:51. Recently, the Virginia General Assembly closed its session having passed legislation essentially banning “pay if paid” clauses in construction contracts, both public and private. Assuming that Governor Youngkin signs the bill into law on or before his deadline of April 11, 2022, the following new requirement will be grafted into any […]