Thoughts on construction law from Christopher G. Hill, Virginia construction lawyer, LEED AP, mediator, and member of the Virginia Legal Elite in Construction Law

Tag Archives: virginia construction mediator

Are Construction Contract Limitation of Liability Clauses on the Way Out in Virginia?

Posted on by • 0 Comments

Business of Construction, Construction, Construction Law, Contracts

Design ConstructionRemember BAE Systems and Fluor?  This post is the third here at Construction Law Musings relating to this case which is a seemingly never-ending source for content.  In the prior post discussing this case, the Court found that Va. Code 1-4.1:1 which bars waiver of a right to payment before work is performed did not apply because Fluor had provided work before execution of the contract or any change orders.

In the most recent opinion in this long-running litigation,  and after a motion to reconsider by Fluor that was granted, the Court re-examined this finding along with the contractual language found in the Limitation of Damages (LOD) clause and came to the opposite conclusion regarding certain change orders that remained unpaid by BAE. Continue Reading

Uniwest Rides Again (or, Are Architects Subject to Va. Code Section 11-4.1?)

Posted on by • 1 Comment

Business of Construction, Construction, Construction Law, Contracts

Originally posted 2018-10-03 11:07:55. In 2010, the Virginia Supreme Court held in Uniwest Const., Inc. v. Amtech Elevator Servs., Inc., that Va. Code Sec. 11-4.1 renders completely void and unenforceable any indemnification provision in a construction contract between a contractor and subcontractor that seeks to indemnify the indemnified party from its own negligent acts.  In

No Damages for Delay May Not Be Enforceable in Virginia

Posted on by • 0 Comments

Construction, Construction Law, Contracts

Anyone who reads Construction Law Musings with any regularity (thank you by the way) knows that the contract is king in most instances here in Virginia.  Any commercial construction subcontractor in Virginia is likely also very familiar with so-called “no damages for delay” clauses in construction contracts.  These clauses essentially state that a subcontractor’s only

The Construction Lawyer as Counselor

Posted on by • 4 Comments

Business of Construction, Construction, Construction Law

Originally posted 2019-04-24 10:56:09. It’s been a while since I discussed the role that I believe a construction lawyer should serve.  Back in 2013, I discussed how those of us that practice construction law are seen as “necessary evils.”  I was thinking over the weekend about certain clients and matters (as I often do, particularly

Residential Contractors, Be Sure to Have these Clauses in Your Contracts

Posted on by • 0 Comments

Construction, Construction Law, Contracts

Originally posted 2018-04-27 09:11:50. I have often “mused” on the need to have a good solid construction contract at the beginning of a project.  While this is always true, it is particularly true in residential contracting where a homeowner may or may not know the construction process or have experience with large scale construction.  Often

About Musings

About Construction Law Musings

I am a construction lawyer in Richmond, Virginia, a LEED AP, and have been nominated by my peers to Virginia's Legal Elite in Construction Law on multiple occasions. I provide advice and assistance with mechanic's liens, contract review and consulting, occupational safety issues (VOSH and OSHA), and risk management for construction professionals.

Please join the conversation!

Learn more about Construction Law Musings.