Real Estate Law

Recent Posts

Trust Your Gut When Deciding Whether to Sign a Construction Contract
Posted on 17 Apr 2014 by Christopher G. Hill

My last Construction Law Musings were about the need to communicate before, during and after a construction project. Here I continue my thoughts on some business practices that make my life as a construction attorney and adviser (not to mention your lives... Read More

Incorporation May Not Be a Shield if You’re not Careful
Posted on 13 Jul 2011 by Christopher G. Hill

On at least one occasion here at Construction Law Musings , I have discussed the need to operate your business as a corporation or LLC. The primary reason that I, as a construction attorney , recommend this is for the liability protection against attacks... Read More

Ulmer & Berne LLP: Ohio's Public Construction Reform to Take Effect, In Part, September 28, 2011
Posted on 3 Oct 2011 by Jesse R. Lipcius

The Ohio Legislature passed House Bill 153 on May 5, 2011. H.B. 153-a budget bill-which includes significant changes for Ohio's public construction projects. Some changes will become effective on September 28, 2011, but others are forecast... Read More

Mediation in the Zero Sum World of Construction
Posted on 3 Nov 2015 by Christopher G. Hill

Construction is a zero sum game. What do I mean by that? I mean that even where you, a construction professional with a great construction lawyer , have reviewed and edited a subcontract presented to you or provided a well drafted contract to the other... Read More

Important Changes to the AAA Construction Industry Mediation and Arbitration Rules
Posted on 15 Oct 2015 by Williams Mullen

By W. Alexander Burnett , Partner, Williams Mullen Introduction The American Arbitration Association (“AAA”) is one of the primary providers of alternative dispute resolution, such as mediation and arbitration, in the United States.... Read More

Recent Construction Law Opinion Roundup
Posted on 25 Feb 2014 by Christopher G. Hill

We’re back to the more mundane, yet no less relevant, discussion of recent construction opinions here in Virginia. In the last quarter of 2013, the Virginia Circuit Courts in Norfolk and Richmond came out with opinions of interest to construction... Read More

Update Relating to SB891 and Bond Claim Waivers
Posted on 26 Jun 2015 by Christopher G. Hill

Several bills were passed and will go into effect on July 1, 2015 that affect the construction industry here in Virginia. The most interesting of these was an amendment to the mechanic’s lien statutes relating to waivers of lien rights. As I... Read More

Early Action on Your Construction Contract is Key
Posted on 6 Nov 2014 by Christopher G. Hill

I bang the drum of early and frequent consultation with one of us construction attorneys on a regular basis here at Musings and in other places of the “blawgosphere.” Why do I do this? Doesn’t such consultation help to avoid the problems... Read More

McNees Wallace & Nurick LLC: Construction Alert - What Was That Court Thinking?
Posted on 10 May 2012 by McNees Wallace & Nurick LLC

By Diane M. Tokarsky , Esquire, Chair, Construction and Procurement Law Just when you thought you understood the rules of the game in relation to the Pennsylvania Mechanics Lien Law ("Act"), the Pennsylvania Superior Court issued the game... Read More

Reminder: Title Search is Key for a Virginia Mechanic’s Lien
Posted on 1 May 2012 by Christopher G. Hill

With the economy the way that it is, my mechanic's lien practice (and bond claim practice for that matter) is thriving. Interestingly, the recent uptick in the construction economic landscape here in Virginia caused me to get more, rather than fewer... Read More

Vandeventer Black LLP: Law of Construction Defects and Failures: Strategies for Reducing Defects and Failures
Posted on 20 Mar 2012 by Vandeventer Black LLP

Strategies for Reducing Defects and Failures - Prepared by Neil S. Lowenstein , Partner and Chair, Construction and Public Contracts Department, Vandeventer Black LLP Download a PDF of this publication © 2012 Vandeventer Black LLP Disclaimer... Read More

Clarity of Contract is Another Key to a Smooth Project
Posted on 12 May 2014 by Christopher G. Hill

Whew! After a whirlwind two weeks of travel (some by a long bus ride with a great group of kids, including my daughter), I’m back and far enough above water to get back to posting. Thanks for your patience during a bit of a lull. Recently I have... Read More

Williams Mullen: Construction Local and State Tax Issues
Posted on 13 Nov 2013 by Williams Mullen

BY: STEPHANIE LIPINSKI GALLAND Every business has an accountant or finance resource. This resource spends 150% of his or her time handling the cash flow, paying the bills, and filling out the requisite federal income tax returns. What is usually... Read More

Is Moving Away from Construction Bonding Requirements a Good Idea?
Posted on 25 Jul 2011 by Christopher G. Hill

Recently, the legal/construction blogosphere (if that's still a word) has been discussing a move by Ohio State University to eliminate the need for construction payment and performance bonds on public projects for the university. Needless to... Read More

Texas Court Considers Application of Action Over Exclusion In Construction Injury Claim
Posted on 16 Aug 2013 by Brian Margolies

n its recent decision in Preferred Contrs. Ins. Co. Risk Retention Group v. Oyoque Masonry, Inc., 2013 U.S. Dist. LEXIS 105386 (S.D. Tex. July 26, 2013) [ enhanced version available to lexis.com subscribers ], the United States District Court for the... Read More