Welcome to 2020! I thought I’d start with a case that adds a twist to the Uniwest case that has been discussed previously here at Construction Law Musings. Uniwest essentially held that indemnification provisions in construction contracts that purport to indemnify an indemnitee for its own negligence violates Virginia Code Sec. 11-4.1. In short, Uniwest and […]
Happy Holidays from Construction Law Musings
Happily, the older two kids are home from college and Musings is enjoying some time off for Christmas. I wish you all Happy Holidays and Merry Christmas from The Law Office of Christopher G. Hill, PC and Construction Law Musings. To all of my friends, colleagues and most importantly, family, I hope you have a […]
Once Again: Contract Terms Matter
I know, you’ve heard this over and over again here at Construction Law Musings: courts in Virginia will interpret a contract strictly and in a manner that gives meaning to its unambiguous terms. A recent case out of the Eastern District of Virginia federal court, White Oak Power Constructors v. Mitsubishi Hitachi Power Systems, reinforces […]
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 […]
With VA Mechanic’s Liens Sometimes “Substantial Compliance” is Enough (but don’t count on it) [UPDATE]
Originally posted 2017-08-10 10:29:16. Virginia mechanic’s liens are a powerful and tricky beast that in most cases require absolute precision in their preparation. However, an interesting opinion recently came out of the Virginia Supreme Court that may provide a bit of a “safe harbor” from the total form over function nature of a mechanic’s lien. […]