I have discussed my views on mandatory mediation in construction contracts at other places here at Musings and also discussed how the contract is king here in Virginia. A recent Charlottesville, Virginia Circuit Court case combined these two concepts to allow a subcontractor to proceed straight to litigation despite various ADR provisions in the contract […]
Subcontractors Must be Careful Providing Bonds when General Contractor Does Not
After I wrote the title to this post, I thought, “Well, that says it all, doesn’t it?” I also considered the fact that for those that read this construction law blog on a regular basis, I am likely stating the obvious. I then thought about the fact that there can be confusion regarding the purpose […]
Communicate with the Field to Nip Issues in the Bud
This past week, I spent some time meeting with clients and generally discussing the day to day operations of construction companies. One common theme of these discussions (and of this construction blog) was the need to deal with problems at a job site early. I have often discussed the contract side of catching things early, […]
How is Negotiating a Construction Contract Like Buying a Car?
I know, you’re probably looking for a punchline, and likely thinking something along the lines of “only a construction attorney would be sitting in his office and come up with such an analogy,” but I really do think it’s a good one. When you are buying a car, you look for priorities. Is the color […]
Reminder: Follow the Virginia Public Procurement Act to the Letter
I haven’t discussed public construction projects much recently, particularly in the context of procurement in Virginia. If you are a commercial contractor in Virginia and have sought to perform work for the state or one of its subdivisions, you are likely familiar with the Virginia Public Procurement Act (VPPA). This Act controls the means and […]