Originally posted 2021-10-14 12:02:08. Remember when I stated that you cannot lawfully perform construction work in Virginia without a contractor’s license? Remember when I said that you risk non-payment if you do so? If you needed another reason, a relatively recent Virginia Court of Appeals decision upholding a criminal conviction for performing construction work without […]
OSHA/VOSH Roundup
Originally posted 2015-08-03 09:00:14. In an unusual flurry of occupational safety related activity, the Virginia courts decided two cases in the last week relating to either the review of occupational safety regulations themselves or their enforcement. In Nat’l College of Business & Technology Inc. v. Davenport (.pdf), the Virginia Court of Appeals considered what constitutes […]
Construction Delay Damages Can Be Tough to Show
Originally posted 2012-06-11 09:58:43. Recently, there have been a few cases in construction that have grabbed the headlines (or at least those at this and some other blogs). The biggest stir seems to be from the Jacobs Engineering case discussed so ably by Matt Bouchard in last Friday’s Guest Post. However, while the “headlines” were […]
Don’t Just Document- Document Right!
Originally posted 2011-05-20 09:00:20. I have stated to clients on many occasions that paper is a lawyer’s best friend. Because of a recent case from the Virginia Supreme Court, I should modify that to the correct paper is a lawyer’s best friend. In Commonwealth v. AMEC Civil, LLC, AMEC sued the Virginia Department of Transportation […]
Just Because Your Employee Was Supposed to Work Safely. . .
Here at Construction Law Musings, I’ve discussed the need to keep up with your safety program and stay out of the cross-hairs of the state and federal safety inspectors. The Virginia Court of Appeals gave a stark reminder of this fact in the case of Atlantic Environmental Construction Co. v. Malveaux, Comm’r. In this case, […]