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 Are Construction Contract Limitation of Liability Clauses on the Way Out in Virginia?
Tag: virginia construction mediator
Uniwest Rides Again (or, Are Architects Subject to Va. Code Section 11-4.1?)
Originally posted 2018-10-03 11:07:55.
A recent case out of the Eastern District of Virginia Federal District Court examined a provision in a contract between a designer/architect and a contractor or owner on a project. In Travelers Indem. Co. of Conn. v. Lessard Design Inc. the Court examined the application of Section 11-4.1 to the following provision of a design contract where Lessard, the indemnitor, agreed to:
[i]ndemnify, defend and hold the Owner, Owner’s Developer, and Owner’s and Owner’s Developer’s wholly owned affiliates and the agents, employees and officers of any of them harmless from and against any and all losses, liabilities, expenses, claims, fines and penalties, costs and expenses, including, but not limited to reasonable attorneys’ fees and court costs relating to the services performed by the Architect hereunder . . .
Continue reading Uniwest Rides Again (or, Are Architects Subject to Va. Code Section 11-4.1?)
No Damages for Delay May Not Be Enforceable in Virginia
The recent case out of the Eastern District of Virginia federal court, Strata Solar LLC v. Fall Line Construction LLC, added a bit of clarity. Continue reading No Damages for Delay May Not Be Enforceable in Virginia
The Construction Lawyer as Counselor
Originally posted 2019-04-24 10:56:09.
Residential Contractors, Be Sure to Have these Clauses in Your 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 you, as a construction general contractor, are providing the first large scale construction that the homeowner has experienced. For this reason, through meetings and the construction contract, setting expectations early and often is key. Continue reading Residential Contractors, Be Sure to Have these Clauses in Your Contracts