Lawrence M. Prosen and Josephine M. Bahn | Cozen O’Connor On April 27, 2022, Virginia Governor Glenn Youngkin signed Senate Bill 550 into law, amending a portion of the Virginia Prompt Payment Act and a component of the Virginia wage theft statute. Va. Code § 2.2-4354 and VA. Code § 11-4.6. The changes associated with the law now prohibit… Continue reading Pay-If-Paid Versus Pay-When-Paid Clauses
Month: June 2022
Florida Court Clarifies When Contractor’s Final Payment Affidavit Must be Delivered Pre-Suit
Jason S. Lambert | Dinsmore & Shohl Florida’s construction lien laws require a contractor to serve a contractor’s final payment affidavit “at least five days” before filing a lawsuit to enforce the lien. A general contractor recently had its lien rights reinstated when a court clarified how the number of days between the service of… Continue reading Florida Court Clarifies When Contractor’s Final Payment Affidavit Must be Delivered Pre-Suit
War-fueled Construction Cost Increases May Warrant Look at Force Majeure
Evan A. Brown | Stoel Rives The Russian invasion of Ukraine and economic sanctions imposed by countries around the world in response have disrupted supplies of fuel, steel, and other materials necessary for construction. This has resulted in price escalation that threatens construction project budgets. Owners and contractors across the country are running to their… Continue reading War-fueled Construction Cost Increases May Warrant Look at Force Majeure
What Counts as Adequate Opportunity to Cure?
Christopher G. Hill | Construction Law Musings Here at Musings, we like to discuss (likely more than readers would like) the fact that in Virginia, the contract is king and its terms will be looked at carefully by the courts. One of those provisions that will be looked at carefully is the so-called “cure period.” The “cure period”… Continue reading What Counts as Adequate Opportunity to Cure?
Court Holds Contractors Must Provide Sufficient Proof to Compel Association Claims to Arbitration
Jason S. Lambert | Dinsmore Arbitration provisions are becoming more common in construction contracts, but a recent court decision reveals that enforcing these provisions requires more than just placing them in a contract. Contractors, especially those seeking to arbitrate claims involving multiple property owners or an entire homeowner or condominium association, must sufficiently establish that… Continue reading Court Holds Contractors Must Provide Sufficient Proof to Compel Association Claims to Arbitration