LexisNexis® Legal Newsroom
Resolve to Set Construction Project Expectations Early and Often in 2012

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 , if I could ask contractors and subcontractors...

Troutman Sanders LLP: Construction Owner, General Contractor and Subcontractor Held Liable For Sub-Subcontractor Failure to Procure Required Liability Insurance

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 decision would expose Georgia owners, prime contractors...

Duane Morris LLP: New E-Verify Requirement for Pa. Public Works Contractors, Beginning January 1, 2013

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 to contract with the Commonwealth of Pennsylvania...

Williams Mullen: Construction Local and State Tax Issues

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 missing is time to focus on state and local taxes...

Pennsylvania Mechanics' Lien Law Amended, Clarifying Open-End Construction Loan Mortgage Priority

Pennsylvania Governor Tom Corbett has signed into law Act 117 of 2014, [ enhanced version available to lexis.com subscribers ], which amends the Pennsylvania Mechanics' Lien Law (MLL), 49 P.S. 1101, et seq., [ enhanced version available to lexis.com subscribers ], to provide that a construction loan...

Early Action on Your Construction Contract is Key

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 that seem to make those of us in the construction...

The Anatomy of a Construction Dispute- The Claim

A new year brings with it promise and challenges. The promise is a relatively clean slate and the thought that 2015 will be a great year for construction professionals and those that assist them. The challenges come from the almost inevitable issues that can arise on a construction site with its many...

Construction Law 2014: A Year in Review – RESCHEDULED DUE TO WEATHER

Due to the weather for Thursday, March 5, 2015, Babst Calland’s Construction Law 2014: The Year in Review seminar has been rescheduled and will now be held on Wednesday, March 25, 2015. We apologize for any inconvenience this may cause you, and we hope that you will be able to join us on this new...

Do We Really Want Courts Deciding if Our Construction Contracts are Fair?

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 of lien rights as they relate to subcontractors and...

Home Contractor’s Failure To Register Exposes It To Consumer Protection Act Liability

Case is Good Reminder to Ensure That Contractors Register With State With the record amount of snow, roof leaks and interior damage just beginning to hit Bay State homeowners, this spring should be a record season for Massachusetts home improvement contractors. But, according to a recent court ruling...

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...

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...