Originally posted 2012-05-14 09:00:07. I have discussed the ConsensusDOCS here at Musings on a few occasions. These relatively new form documents, endorsed by the AGC among other trade organizations, are a great counterpoint to the AIA documents that we all are more than familiar with and as construction attorneys and contractors have likely reviewed on […]
Incorporation, Indemnity and Statutes of Limitations, Oh My!
Originally posted 2017-02-07 09:00:55. We all know that the contract is king in Virginia. We also know that Virginia will allow for a so called “incorporation” clause that will allow for “flow down” of certain prime contract provisions in a way that will make those provisions applicable to subcontractors. We also know that a claim […]
Construction Bills Headed to VA General Assembly
Last week, I highlighted a statute of limitations bill that will be considered by the Virginia General Assembly because it has a major effect on interactions between construction contractors and the Commonwealth of Virginia. However, that is not the only interesting piece of legislation being proposed this 2019 session. Here are two others that I […]
A New Statute of Limitations on Construction Claims by VA State Agencies?
I have discussed the Hensel Phelps case and the potential issues caused by both poorly drafted indemnity clauses and the lack of a statute of limitations applicable to the Commonwealth of Virginia and its agencies in 2017. New legislation (supported by various contractor groups including my friends at the AGC of Virginia) has been proposed […]
PSA: Performing Construction Work in Virginia Requires a Contractor’s License
As a Virginia construction attorney, I often get calls for assistance in dealing with payment disputes. Frequently, these calls come from out of state contractors and subcontractors that have performed work in Virginia. One of the first questions that I ask is whether these contractors and subcontractors hold a contractor license from the Commonwealth of […]