Matthew C. Long | Construction Law Now Nearly all construction contracts contain terms dictating when and how a contractor must pursue claims for contractual relief. However, these terms are not always strictly enforced. A contractor’s failure to timely submit a claim may not prevent recovery if, for example, the contractor can demonstrate that the owner… Continue reading Navigating the Virginia Public Procurement Act: Essential Claim Deadlines and Pitfalls
Category: Construction Contracts
Yes, Virginia, Contract Terms Do Matter: Financing Term Offers Owner an Escape Hatch
Timothy R. Hughes | Construction Defect Journal A recent Virginia case once again demonstrates that contract terms matter. An unusual financing term allowed the owner of a project a complete escape from any liability on a project despite significant work being performed. The opinion from the Circuit Court of Norfolk involved five separate cases consolidated together, four… Continue reading Yes, Virginia, Contract Terms Do Matter: Financing Term Offers Owner an Escape Hatch
Court of Appeals of Washington Applies Strict Adherence to Notice of Claim Provisions in a Private Construction Contract
Matthew C. Gurr | Davis Wright Tremaine Cascade decision is a good reminder for contractors and subcontractors An unpublished opinion previously issued by the Washington Court of Appeals, Cascade Civil Construction, LLC v. Jackson Dean Construction, Inc., reinforces strict compliance with notice of claim provisions in construction contracts, even where the underlying contract is between private entities.… Continue reading Court of Appeals of Washington Applies Strict Adherence to Notice of Claim Provisions in a Private Construction Contract
New Requirements for Nevada Residential Improvement Contracts – What Nevada Licensed Residential Contractors and Homeowners Need to Know
Patrick Welch | Snell & Wilmer Last year, the Nevada Legislature adopted more rigorous requirements exclusively applicable to Nevada residential improvement contracts involving single-family residences. See Nevada Revised Statutes (“NRS”) 624.970 and Assembly Bill No. 39 (2023 Regular Session Approved: June 2, 2023); see also NRS 624.455 (defining the term, “single family residence.”). This new statutory scheme seeks to… Continue reading New Requirements for Nevada Residential Improvement Contracts – What Nevada Licensed Residential Contractors and Homeowners Need to Know
Liquidated Damages v. Actual Damages – Which Is the Better Choice?
Christine Baglioni | Dowditch & Dewey Liquidated damages provisions are common to all types of agreements, from leases to construction contracts. While liquidated damages provisions may appear “boilerplate” and full of legalese, they profoundly impact how much a party may collect in the event of breach. Liquidated damages is an agreed-upon dollar amount that a… Continue reading Liquidated Damages v. Actual Damages – Which Is the Better Choice?