Real Estate Law

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Just When You Thought General Contractors Were Necessary Parties. . .
Posted on 20 Jan 2015 by Christopher G. Hill

Did you think that a subcontractor had to name a general contractor in a mechanic’s lien suit? I did. Did you think that nothing about this changed in the case where a Virginia mechanic’s lien was “bonded off” pursuant to Va. Code... 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

Davis-Bacon Act: Certified Payroll Reporting
Posted on 24 Aug 2010 by Vandeventer Black LLP

By Katharina Brekke Powers The Davis-Bacon Act (the "Act") requires payment of "prevailing wages." See 40 USC Section 3142(c) . The minimum wages to be paid are those that the Secretary of Labor determines to be prevailing for... Read More

Vandeventer Black LLP: Am I Really Responsible for That?
Posted on 27 Apr 2012 by Vandeventer Black LLP

By Neil Lowenstein Landowners hire contractors to perform work for the landowner. Contractors then typically hire multiple subcontractors to perform various portions of that work. And, subcontractors then hire sub-subcontractors to perform various... Read More

Troutman Sanders LLP: Construction Owner, General Contractor and Subcontractor Held Liable For Sub-Subcontractor Failure to Procure Required Liability Insurance
Posted on 2 Apr 2012 by Troutman Sanders

A recent decision by the Georgia Court of Appeals opens up a new (and potentially troubling) avenue for relief in cases involving personal injury and property damage caused by downstream subcontractors on a construction project. If not overturned, this... Read More

Duane Morris LLP: New E-Verify Requirement for Pa. Public Works Contractors, Beginning January 1, 2013
Posted on 23 Jul 2012 by Duane Morris LLP

On July 5, 2012, Pennsylvania Gov. Thomas Corbett signed into law S.B. 637 , requiring state public works contractors and subcontractors involved in projects of more than $25,000 to use E-Verify starting on January 1, 2013, or they will lose their right... Read More

Vandeventer Black LLP: Subcontractor's Quantum Meruit Claim Irreconcilable With Breach of Contract Claim
Posted on 21 Feb 2013 by Vandeventer Black LLP

EDVA Dismisses Quantum Meruit Claim as Irreconcilable With Breach of Contract Claim and Also Dismisses Claimed Private Right of Action to Enforce Alleged FAR Violation By Neil Lowenstein Judge Turk, Senior District Judge for the United States District... Read More

Sheppard Mullin Richter & Hampton LLP: Court Broadly Defines Subcontractors Who Qualify For Payment Bond Claims
Posted on 2 Jul 2012 by Sheppard, Mullin, Richter & Hampton LLP

By Edward Lozowicki and Scott Vignos Can a supplier of construction materials be considered a "subcontractor" for purposes of enforcing its claim on a public works payment bond? The answer is "yes" according to a recent decision... Read More

Vandeventer Black LLP: Misrepresentation or Good Negotiation: KBR Hit With Multi-Million Dollar Verdict
Posted on 1 Feb 2012 by Vandeventer Black LLP

By Neil Lowenstein Prime contractors often negotiate claims, including subcontractor pass-through claims, with owners. This can put the prime contractor at odds with its subcontractors, depending upon what the owner is willing to negotiate... Read More

Resolve to Set Construction Project Expectations Early and Often in 2012
Posted on 9 Jan 2012 by Christopher G. Hill

As we enter 2012 expectations for the new year are in all of our thoughts. The best laid plans are made and possibilities seem endless. New Year's resolutions will be made (and possibly broken). As a construction attorney here in Virginia... Read More

Do We Really Want Courts Deciding if Our Construction Contracts are Fair?
Posted on 15 Apr 2015 by Christopher G. Hill

As I posted recently, the Virginia General Assembly has passed, and I can see no reason why the governor won’t sign, [ enhanced version available to lexis.com subscribers ], a bill that would essentially invalidate preemptive contractual waivers... Read More

July 1, 2015 Statutory Changes Affecting Virginia Contractors and Subcontractors
Posted on 25 Jun 2015 by Christopher G. Hill

As always seems to be the case, this year, as in others, the Virginia General Assembly has seen fit to “tweak” a few construction related statutes. All of these changes will go into effect on July 1, 2015. The big one, and one that I posted... Read More

PA Supreme Court Reverses Bricklayers Mechanics’ Lien Case
Posted on 29 May 2014 by Babst Calland

On April 17, 2014, the Pennsylvania Supreme Court, [ enhanced version available to lexis.com subscribers ], issued its long-awaited decision in Bricklayers of Western Pennsylvania Combined Funds v. Scott’s Development Co. , and reversed the Superior... Read More

Should a General Contractor Tell a Sub that its Bid is Too Low?
Posted on 2 Sep 2014 by Christopher G. Hill

A recent article by my pal, and occasional guest poster , Craig Martin ( @craigmartin_jd ) asks the question: “ Does a General Contractor Have to Tell a Subcontractor that its Bid is Too Low? ” In his great post on a recent Nebraska decision... Read More

Vandeventer Black LLP: Subcontractor Not Third Party Beneficiary to Prime Contract
Posted on 25 Apr 2012 by Vandeventer Black LLP

By Neil Lowenstein In Environmental Staffing Corp. v. B & R Construction Mgmt. , 283 Va. ___ 111067, ___ S.E.2d ___ (2012) [ enhanced version available to lexis.com subscribers ], just recently decided by the Virginia Supreme Court on April... Read More