It is with humility and a sense of accomplishment that I announce that I have been selected for the seventh straight year to the Virginia Super Lawyers in the Construction Litigation category for 2024.  Add this to my recent election to the Virginia Legal Elite in Construction and I’ve had a pretty good year.  As always, I am thrilled to be included on these peer-elected lists. So without further ado, thank you to my peers and those on the panel at Virginia Super Lawyers for the great honor. I feel quite proud to be part of the 5% of Virginia attorneys that made this list for 2024. T ..read more

Originally posted 2015-03-17 10:06:58. When I first got the idea of “Guest Post Fridays” back in early 2009 and then launched it with a great post from Scott Wolfe of The Wolfe Law Group (@scottwolfejr), I had no idea that it would take off in the way that it has.  Now, almost 2 years and 90 posts later, Construction Law Musings has had the privilege of a wealth of perspectives on, among other topics, mediation (thanks Vickie Pynchon and Ron White), green building (thanks Chris Cheatham, Shari Shapiro, and James Bedell to name three of many), insurance (thanks Martha Sperry and Mark Rabki ..read more

After WAY too long a hiatus, I am back with another in my series of “Construction Contract Basics” posts.  In past posts, I’ve covered venue provisions, attorney fee provisions, and indemnity clauses.  In this post, I’ll share a few thoughts (or “musings”) on the topic of so-called “no damages for delay” clauses.  These clauses essentially state that a subcontractor’s only remedy for a delay caused by any factor beyond its control (including the fault of the general contractor), after proper notice to the owner or general contractor, is an extension of time to complete the work ..read more

Originally posted 2018-10-03 11:07:55. In 2010, the Virginia Supreme Court held in Uniwest Const., Inc. v. Amtech Elevator Servs., Inc., that Va. Code Sec. 11-4.1 renders completely void and unenforceable any indemnification provision in a construction contract between a contractor and subcontractor that seeks to indemnify the indemnified party from its own negligent acts.  In short, the Virginia Supreme Court stated that such overly broad provisions violate Section 11-4.1. A recent case out of the Eastern District of Virginia Federal District Court examined a provision in a contract betw ..read more

Originally posted 2010-12-03 09:00:24. For this week’s Guest Post Friday, Musings welcomes Ryan Bowers (@ryanbbowers).  Ryan is a construction law attorney and business litigator. Ryan’s construction practice draws on his years of hands-on experience in the construction field, which predates his practice of law.   He also maintains Law under Construction, a blog built for Indiana construction professionals to monitor legal news and developments.  Ryan is an attorney at Kroger, Gardis & Regas, LLP in Indianapolis, Indiana, a full service law firm founded in 193 ..read more

Originally posted 2015-08-03 09:00:14. Image via Wikipedia In an unusual flurry of occupational safety related activity, the Virginia courts decided two cases in the last week relating to either the review of occupational safety regulations themselves or their enforcement. In Nat’l College of Business & Technology Inc. v. Davenport (.pdf), the Virginia Court of Appeals considered what constitutes a “serious” violation of the exposure to asbestos Virginia Occupational Safety & Health (VOSH) regulations.  The facts found by the Salem, Virginia Circuit Court were that employees of th ..read more

Originally posted 2016-07-01 09:00:07. Birthday Cake (Photo credit: Wikipedia) It seems like only yesterday that I ventured out on my own and started my solo construction law practice back in 2010.  The reaction and fulfillment since I announced my move on July 1, 2010 has been great.  Friends, clients, colleagues and, most importantly, my wonderful family have helped my practice grow beyond what I could have envisioned six years ago. Just in the last year, I became re-certified as a Virginia Supreme Court certified mediator, was elected for the 9th year running (including every year ..read more

Originally posted 2014-11-10 09:36:15. Image via Wikipedia I’ve discussed the economic loss rule here at Musings on several occasions.  The economic loss rule basically states that where one party assumes a duty based in contract or agreement, the Virginia courts will not allow a claim for breach of that duty to go forward as anything but a contract claim.  This doctrine makes fraud claims nearly, though not absolutely, impossible to maintain in a construction context.  In a majority of instances, fraud and construction contracts are very much like oil and water, leaving partie ..read more

Originally posted 2015-04-06 09:00:30. Image via Wikipedia Unfortunately, developer bankruptcies are very much in the news these days. This news, while unsurprising in today’s economy and given the housing issues that hit last year, can give heartburn to those contractors that perform the site work, pave the roads, and of course build the houses at these developments. Like Musings has discussed before, bankruptcy of an owner or developer is a real possibility for which contractors and subcontractors must prepare. However, contractors in Virginia may have a silver lining for the bankruptcy clo ..read more

Originally posted 2014-08-22 09:20:27. For this weeks Guest Post Friday, Musings welcomes Matthew DeVries. Matt is the author of www.bestpracticesconstructionlaw.com, is a construction attorney in Nashville, Tennessee. He is a father of five energetic children and he often uses his family experiences to shed light on the green building, sustainable design, technology and project management issues discussed in his blog. You can reach him at (615) 742-8577, mdevries@smithcashion.com, or on Twitter: @matthewdevries. You’ve already met my eleven year old Princess. Many months ago, I was teaching ..read more