Originally posted 2019-06-03 15:03:07. I have discussed statutes of limitation on construction claims in various contexts from issues with a disconnect on state projects to questions of continuous breach here at Construction Law Musings. For those that are first-time readers, the statute of limitations is the time during which a plaintiff can bring its claim, […]
Quick Tip: Don’t Indemnify for Breach of Contract
Every contractor or subcontractor has seen that indemnification language in a contract that states that the indemnifying party will indemnify the contractor, owner, architect, owner representative (and likely to dog walker, though I’m unclear on that one) for any claim relating to the indemnifying parties actions to include any breach of the construction agreement. This […]
Reminder: Second Tier Subcontractors Have Miller Act Claim
Originally posted 2013-02-11 09:00:06. Here at Construction Law Musings, we often discuss the Federal Miller Act and its Virginia equivalent (the “Little Miller Act“). These two statutes provide subcontractors on government projects (on which no mechanic’s lien can attach) the protection of payment and performance bonds. One question that often arises in this context is […]
Should a Subcontractor provide bonds to a GC who is not himself bonded? (Bonding Agent Perspective)
Originally posted 2017-04-28 09:00:50. Guest Post Friday is back, and for this week, Construction Law Musings welcomes Steve Moore. Steve has been the Construction & Surety Manager for Towne Insurance Agency-Invincia, in Chesterfield, VA since 2010. Steve’s experience in the Virginia surety bonding marketplace started in 1985 with USF&G. His underwriting travels took him from […]
Be Aware of Two New Statutes that Became Effective May 1, 2021
Originally posted 2021-05-04 10:47:24. On May 1, 2021, two new statutes that passed in 2020 and that directly affect construction became effective. I’ve used the AGC-VA description of the bills and encourage you to read the statutes in full. Prevailing Wage Starting May 1, 2021, Virginia’s new prevailing wage statute takes effect. This statute requires […]