A question I get often, particularly from construction contractors outside of Virginia is whether they need to get a Virginia contractor’s license. The answer is almost invariably “yes.” The next question is why? The answer is almost always “Because state law says so.” With some minor exceptions for material suppliers and the like, Virginia law […]
Pleading Matters when Enforcing a Construction Contract
Originally posted 2013-03-25 09:00:55. On more than one occasion here at Construction Law Musings, I discussed the necessity of a good construction contract. Of course, even the best contracts require proper pleading in court if you want to enforce them. The Western District of Virginia federal court recently reminded us that a properly plead complaint […]
Motions to Dismiss, Limitations of Liability, and More
Remember BAE Sys. Ordnance Sys. V. Fluor Fed. Sols? I examined that case on two occasions previously here at Construction Law Musings. Previously the discussions were about the mix (or lack thereof) between fraud and contract and about how careful contract drafting is key. In the most recent opinion in this ongoing litigation from March […]
Yet Another Reminder That Pleading Matters
Originally posted 2013-07-15 11:10:04. As anyone who has practiced construction law for any period of time knows, Motions to Dismiss are a regular occurrence. These motions are made in an attempt to get a claim reviewed and rejected early in the process. Because these motions to dismiss can and do lead to the dismissal of […]
Thank You Once Again for the Legal Elite Election for 2022
Thank you once again to those in the Virginia legal community who elected me to the Virginia Business Legal Elite in the Construction Law category for the 16th consecutive year. The 16 consecutive years of election to the Legal Elite in the Construction Category span my time as a solo construction attorney. The fact that […]