LexisNexis® Legal Newsroom
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Don’t Delay: Document, Document, Document & Document Some More

By Kevin A. Rust If you are being delayed on a project, it is critically important that you document the delay, how much it is costing you, and who or what is causing the delays. Many construction contracts have provisions that require notice of any defect to be provided. If you fail to give...

Key Questions About Virginia’s Statute of Repose

By Ned Nicholas Builders and design professionals are sometimes sued for personal injuries and property damages arising out of their construction and design work. Because buildings tend to last for decades, builders and design professionals would face decades of potential exposure to such suits...

When is Mediation Appropriate for Your Construction Case?

Here at Construction Law Musings, I have often discussed mediation as a good alternative to the expense and headaches of litigation. What I have discussed less often are the circumstances in which it is most appropriate to consider or even push for mediation. The obvious and clearest time that mediation...

Back Posting with Thoughts on Lien Waivers

After a week of being unable to post due to the rigors of my solo construction practice , I’m back on the blogging train. For those of you that missed my new musings this past week, I hope that you had a chance to look through some of the past Guest Post Friday posts for some good stuff to read...

July 1, 2015 Statutory Changes Affecting Virginia Contractors and Subcontractors

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 about a while back is the change to the Virginia...

Update Relating to SB891 and Bond Claim Waivers

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 posted in March , SB891, [ enhanced version available...

Quick Note: Be Careful with Pay if Paid Clauses (Both Subcontractors and General Contractors)

Aside from waiver of lien rights ( something that will be illegal in Virginia after July 1, 2015 ), the most troublesome contractual impediment to payment for a subcontractor or supplier on a project often is the “pay if paid” clause. As a general rule, in Virginia, these clauses where drafted...

Green Certification: Obtaining Green Certification For Existing Buildings In VA

By Kelley C. Holland “ Revaluing building reuse is not just an environmental issue, it’s an economic opportunity. One that will reduce our dependence on foreign oil and one that creates American jobs. Because renovation projects use less material, it is good for the environment, but...

When The Federal Govt Acts Badly, But Not Badly Enough To Show Bad Faith – What’s A Contractor To Do?

By: Robert K. Cox In the prior issue of this newsletter, we included an article on the high standard of proof and the practical considerations for a federal government contractor claiming that the federal government acted in bad faith in its contract dealings. You responded with the question, suppose...

New Jersey Supreme Court Addresses Statute of Repose in Multi-Phase Project

By Robert M. Palumbi In State v. Perini Corp., et. al . (2015 N.J. LEXIS 388) (N.J. April 30, 2015), the New Jersey Supreme Court, [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], interpreted the state’s ten year statute of repose (N.J.S.A. 2A:14-1...

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Changes to North Carolina’s Underground Utility Safety & Damage Protection Act

By Gretchen Ostroff During its last legislative session, the North Carolina legislature passed House Bill 476, [subscribers can access an enhanced version of this legislation: lexis.com | Lexis Advance ], which changed the law regarding pre-excavation underground utility identification and safe digging...

Call Miss Utility – Call Who & Why?

By George Nicholos Prior to excavating on any construction site or most anywhere – Call Miss Utility first! We have heard the line and seen the words countless times, but what or who exactly is Miss Utility? And what is the big deal about giving her a call? Miss Utility of Virginia is a free call...

Recent Revisions to AAA Rules

By Brett Saunders Think about the last major construction project you or your company was involved in. Chances are, that project was being performed under a contract that contained an arbitration clause. These clauses require disputes to be resolved through binding arbitration, instead of traditional...

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A Word of Caution to Design-Builders

By Ashley Moss The Virginia Department of Professional and Occupational Regulation (“DPOR”) licenses professional contractors, engineers, and architects in Virginia and punishes those who violate licensure laws. Although sometimes overlooked, businesses that provide professional services...

Construction Law Musings – Reminder: Your Accounting and Other Records Matter

Recently, I’ve posted on mechanic’s lien changes , mediation and other more “legal” topics here at Construction Law Musings . Today’s post is a practical one and one that will help your friendly neighborhood construction attorney greatly should a dispute arise. The tip...

Payment Bond Claim Notice Requires More than Mailing

It’s been a while since I posted something new relating to Virginia’s “ Little Miller Act ” and its various notice requirements for a subcontractor to make a payment bond claim . I have posted on the basics of a Virginia payment bond claim previously here at Musings. One of...