I have posted before regarding the intersection between the Virginia Consumer Protection Act (VCPA) and construction contracting in regard to residential construction projects. A case out of the Eastern District of Virginia District Court further discusses this intersection as it relates to design contracts that also include the procurement and installation of certain design elements […]
Final Thoughts on New Pay If Paid Legislation in VA
Originally posted 2022-07-19 10:14:09. This past General Assembly session, and after a governor’s amendment and with the convening of a study group, a new statute banning so-called “pay-if-paid” clauses from enforcement was passed. Some of the key features of the legislation are as follows: It does not take effect until January 1, 2023, and, For […]
A Twist on Mechanic’s Liens and Bankruptcy
Originally posted 2010-11-08 11:28:52. We have discussed mechanic’s liens and their advantages relating to bankruptcy on several occasions here at Musings. As I warmed up from a cold weekend of camping with my son’s Boy Scout troop, I remembered a recent case out of the Fairfax County, Virginia Circuit Court that provides an explanation of […]
Happy New Year from Construction Law Musings
Well, it’s the end of another year. 2022 brought a sense of relative normalcy after quite a bit of COVID-related and other turmoil in 2020 and 2021. The Virginia General Assembly passed a pay-if-paid ban that will kick in with the coming of 2023. The second post-COVID construction law seminar was enjoyed by all that […]
Yet Another Reminder That Pleading Matters
Originally posted 2013-07-15 11:10:04. As anyone who has practiced construction law for any period of time knows, Motions to Dismiss are a regular occurrence. These motions are made in an attempt to get a claim reviewed and rejected early in the process. Because these motions to dismiss can and do lead to the dismissal of […]