Christopher G. Hill | Construction Law Musings As those who read Construction Law Musings on a regular basis know, mechanic’s liens are a big part of my construction law practice. These tricky and strictly enforced statutory collection tools are very powerful when correctly recorded and utterly useless if they aren’t recorded in a timely fashion and with the correct information contained within… Continue reading A Quick Virginia Mechanic’s Lien Timing Refresher
Tag: Virginia
A Few Construction Related Bills to Keep an Eye On in 2023
Christopher G. Hill | Construction Law Musings The annual General Assembly session is now well underway here in the Commonwealth of Virginia. As is always the case, those in our fine state legislature have introduced with varying success a few construction-related bills. This post will list just a few without comment, and a big one… Continue reading A Few Construction Related Bills to Keep an Eye On in 2023
New Statutory Payment Regime for Public and Private Works in Virginia
Anthony LaPlaca | Seyfarth Shaw For general contractors working in Virginia, 2023 marks the end of one of the more prolific contractual rights available—the pay-if-paid defense. Until now, pay-if-paid clauses were a valid means of shifting to subcontractors the risk of owner insolvency or wrongful withholding. In the spirit of freedom of contract, Virginia courts… Continue reading New Statutory Payment Regime for Public and Private Works in Virginia
Harrell v. Deluca: Fraud, Construction, Litigation, And The Intention To Perform
Ryan Kennedy | Dunlap Bennett & Ludwig On November 7, 2022, the United States District Court for the District of Virginia decided the case of Harrell v. Deluca, 1:20-cv-00087, which centered around a home builder and contractor who failed to successfully deliver on a major home renovation. The facts recited by the Court’s opinion bear an… Continue reading Harrell v. Deluca: Fraud, Construction, Litigation, And The Intention To Perform
Virginia Puts More Liability on General Contractors
Aaron S. Brotman | Cole Schotz Over the last few years, Virginia has enacted legislation designed to shift risk and cost from subcontractors to prime contractors on public and private contracts. 2023 will see the end of contingent payment clauses, adding to prime contractors’ responsibility to ensure payment to subcontractors’ employees. Pay-if-Paid Not Long for… Continue reading Virginia Puts More Liability on General Contractors