So, you own a piece of property. You decided to have some work done and after what you thought was proper due diligence, you hire a general contractor to build a great office building on the property. Your architect designs the space, you sign the construction contract for a price you find fair and that […]
Differences in Types of Damages Matter
Over the last 7 and a half years (yes I have been doing this for that long), I have often “mused” on various contractual provisions and their application. Why? Because the contract matters and will be enforced. Provisions like “no damages for delay” and “pay if paid” litter construction contracts and will be enforced if […]
No Setoff Between Bonded and Non-Bonded Projects
As any reader of Construction Law Musings knows, payment bond claims are a big part of my law practice. You have also likely read through the federal cases relating to the Miller Act that you can find here. On trend in these federal cases in the Virginia district courts is that determining set off rights […]
VOSH Jumps Into the Employee Misclassification Pool
The proper classification of workers by construction companies has been on the radar of the Department of Labor for both the US and Virginia governments for quite a while. While most of the misclassification is innocent and not done to create issues, there have been enough instances of purposeful misclassification of certain workers as independent […]
Lead Paint Rule Update
The new lead paint regulations are all over the construction news these days. I thought it would be helpful to you, as construction professionals, to put together some of the great analysis, legal thought, and opinion that I have found out here on the internet. Just this past Friday, my good friend Tim Hughes (@vaconstruction) […]