Christopher G. Hill | Construction Law Musings Last year, the Virginia General Assembly passed into law a ban on the so-called pay-if-paid clauses, effective January 1, 2023. I shared my thoughts and concerns with the legislation as drafted at the time of its passage. During this most recent legislative session, and among some other construction-related bills, the General Assembly… Continue reading Virginia General Assembly Tweaks Pay-if-Paid Ban
Month: April 2023
4 Ways to Mitigate Construction Disputes
Bill Shaughnessy | ConsensusDocs Resolving construction disputes in litigation (court or arbitration) can be expensive and may drag on for years. Most disputes could have been avoided, or at least mitigated, had the parties (both owners and contractors) identified contract risks during negotiations and been more proactive in communicating the risks during execution of the… Continue reading 4 Ways to Mitigate Construction Disputes
How Final Is a Final Award? Turns Out, It Is Difficult to “Escapes!” a Final Arbitration Award in a Construction Conflict
Abigail B. Harris and Jim Archibald | BuildSmart How final is a final arbitration award? In Escapes! To the Shores Condominium Association, Inc., et al. v. Hoar Construction, LLC, and Architectural Surfaces, Inc., the plaintiff condo association argued that an arbitration award that didn’t resolve all claims against all parties in the trial court was not… Continue reading How Final Is a Final Award? Turns Out, It Is Difficult to “Escapes!” a Final Arbitration Award in a Construction Conflict
No Written Change Order? No Problem! Court Sides with Subcontractor in Payment Dispute
John Mark Goodman | BuildSmart Many contracts contain provisions requiring that changes to a contract be in writing and signed by a particular authorized person. Under such provisions, work done without proper written authorization will not be reimbursed. So, what happens when, in the rush to get the job done, work is done without prior written… Continue reading No Written Change Order? No Problem! Court Sides with Subcontractor in Payment Dispute
Someone Who Hires an Independent Contractor May Still Be Liable, But Not in This Case
Katherine Dempsey | White and Williams In Allstate Veh. & Prop. Ins. Co. v. Glitz Constr. Corp., 2023 N.Y. App. Div. LEXIS 1180, 2023 NY Slip Op 01171, the Supreme Court of New York, Appellate Division, Second Department (Appellate Court), considered whether a contractor could be found liable for its subcontractor’s alleged negligence in causing injury… Continue reading Someone Who Hires an Independent Contractor May Still Be Liable, But Not in This Case