Originally posted 2021-01-14 15:53:02. Regular readers of this construction law blog are likely tired of my refrain that the contract is king here in Virginia. With few exceptions, some of which have been passed in the last few years, the contract can and does essentially set the “law” for the transaction. A recent opinion from […]
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 […]
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 […]
Know When Your Claim “Accrues” or Risk Losing It
I have discussed statutes of limitation on construction claims in various contexts from issues with a disconnect on state projects to questions of continuous breach here at Construction Law Musings. For those that are first time readers, the statute of limitations is the time during which a plaintiff can bring its claim, whether under the […]
When is an Improvement not an Improvement on a Construction Project?
Originally posted 2012-09-21 08:00:01. Today I am back on the legal analysis/interesting case train after a few weeks of getting my new solo practice (thank you to all who have wished me well in this endeavor) up and running and discussing various green building trends and topics. This week’s case discusses the operation of the […]