Originally posted 2013-03-05 10:07:54. I have discussed on prior occasions reasons why construction contractors should incorporate if they had not already. While incorporation is not a total shield against all claims, particularly if a contractor is not careful in keeping up with corporate formalities, forming a corporation or an LLC can provide some liability protection […]
Why Attorney Fees Provisions Must Be in Your Contracts
Originally posted 2015-01-22 09:35:10. This past July, the Roanoke Circuit Court reminded us all of the need to put attorney fees provisions in construction contracts. In the case of Shen Valley Masonry, Inc. v. Thor, Inc., et al., the Court, among other rulings, allowed the defendant to collect its attorney fees because Thor had such […]
Construction News Roundup
Originally posted 2011-03-28 09:01:00. Much happened in the last week or so in Virginia construction, both legally and otherwise. I thought a quick roundup was in order. On the green front we has a great article in ENR relating to the liability risk of green building and the great interest in the AGCVA Green Building […]
Construction Picks Up Post-COVID and So Do Claims (and A Construction Lawyer Can Help)
I’m a construction attorney and proud to be one. Over the past couple of years, my expertise (and that of my fellow members of the Virginia construction bar) has been challenged by everything from COVID-related shutdowns to supply chain issues to unanticipated price increases. With each of these obstacles placed in front of my clients […]
Fraud and Construction Contracts- Like Oil and Water?
Originally posted 2014-11-27 10:00:21. We have discussed the interaction of fraud and breach of contract actions on occasion here at Construction Law Musings. In most cases the two do not mix. Between the economic loss rule and the general desire of Virginia courts to keep contract actions and tort actions separate, most of the time […]