Originally posted 2018-11-27 10:20:30. Back in February, I discussed a case relating to indemnity and ambiguity. The opinion in that case, W.C. English, Inc. v. Rummel, Klepper & Kahl, LLP et al., allowed a breach of contract and indemnity claim to move forward despite the fact that conflicting term sheets between the plaintiff and defendant […]
More Hensel Phelps Ripples in the Statute of Limitations Pond?
As is always the case when I attend the Virginia State Bar’s annual construction law seminar, I come away from it with a few posts on recent cases and their implications. The first of these is not a construction case, but has implications relating to the state project related statute of limitations and indemnification issues […]
A Great Time at the 40th Annual Construction Law and Public Contracts Seminar
If you are a Virginia (or even a Maryland or DC) construction attorney, you should know of and attend the Virginia State Bar’s Construction and Public Contracts Law seminar every year. This past November 1st and 2nd was no exception. I always enjoy the time spent with colleagues and friends at the Boar’s Head Resort […]
Sometimes You Get Away with Unwritten Contracts. . .
Originally posted 2018-07-10 14:29:20. I have spoken often regarding the need for a well written construction contract that sets out the “terms of engagement” for your construction project. A written construction contract sets expectations and allows the parties to the contract to determine the “law” of their project. An unwritten “gentleman’s agreement” can lead to […]
Happy Halloween from Construction Law Musings
It is time for spooky goblins, princesses, zombies and other things that go bump in the night. I hope you take some time having fun and avoiding the real scary stuff like mechanic’s liens and payment bond claims! Here’s wishing you and your family have a safe, wonderful and of course spooky Halloween from my […]