The Virginia General Assembly has passed a couple of bills, effective July 1, 2011, that will affect contractors’ and other construction professionals’ rights to payment and where they can and should bring their construction related claims. The first set of changes are to Virginia’s “Little Miller Act” of which I have spoken on many occasions […]
In Construction Your Contract May Not Always Preclude a Negligence Claim
Here at Construction Law Musings I have discussed the interaction of the so called “economic loss rule,” construction contracts and tort claims on numerous occasions. The general rule is that where a duty to perform in a certain way arises from the contract, the Virginia courts will not allow a plaintiff to turn a contract […]
Don’t Waive Your Jury Trial Waiver Clause
For this week’s Guest Post Friday, Construction Law Musings goes local. Tom Lane is a litigation attorney at ThompsonMcMullan in Richmond, Virginia, and practices in various areas, including construction law. Tom graduated from the University of Virginia School of Law in 2001, and he has been associated with ThompsonMcMullan since 2006. In an article published […]
Just Because Your Employee Was Supposed to Work Safely. . .
Here at Construction Law Musings, I’ve discussed the need to keep up with your safety program and stay out of the cross-hairs of the state and federal safety inspectors. The Virginia Court of Appeals gave a stark reminder of this fact in the case of Atlantic Environmental Construction Co. v. Malveaux, Comm’r. In this case, […]
Condominiums and the Statutory Warranty on Structural Defects
For this weeks Guest Post Friday post here at Musings, we welcome back John Tarley. John is the managing partner for the firm and leads the firm’s business and litigation practices. A large part of the firm’s practice involves the representation of homeowners’ associations. In his spare time, John teaches as an adjunct at the William & […]