Nicholas Morello and Jackson Nichols | Cohen Seglias Pallas Greenhall & Furman A new bill has been signed into law in Virginia that prohibits the use of contingent payment provisions on construction projects. The new law amends VA ST §§ 2.2-4354 and 11-4.6 and provides that “[p]ayment by the party contracting with the contractor shall… Continue reading New Virginia Law Bans Contingent Payment Provisions in Construction Contracts
Tag: Virginia
PSA: Pay If Paid Ban Goes into Effect on January 1, 2023
Christopher G. Hill | Construction Law Musings I have written a couple of times here at Musings regarding the new pay-if-paid legislation passed by the General Assembly last session. While the statute has some inconsistencies and a working group has made some recommendations, the legislation as passed will go into effect on January 1, 2023, without any changes (at least… Continue reading PSA: Pay If Paid Ban Goes into Effect on January 1, 2023
The Made Whole Doctrine is Alive and Well in Virginia
Scott Hefner | Butler Weihmuller Katz While the Virginia Supreme Court has never addressed the made whole doctrine by name, a recent federal district court opinion has declared the made whole doctrine “is alive and well in the Commonwealth.” Sustainable Sea Products International, LLC, et al. v. American Empire Surplus Lines Ins. Co., et al.… Continue reading The Made Whole Doctrine is Alive and Well in Virginia
Growing Prohibition On Pay-if-Paid Clauses: Virginia Joins North Carolina And South Carolina In Prohibiting Pay-if-Paid Clauses
Eric Biesecker and Jacob Farrell | Nexsen Pruet Imagine you are an electrical subcontractor working in Virginia for a general contractor on a commercial project. Because you perform electrical work, much of your scope falls after framing and roofing, and after the envelope for the structure is dried-in. All the predecessor work leads to countless… Continue reading Growing Prohibition On Pay-if-Paid Clauses: Virginia Joins North Carolina And South Carolina In Prohibiting Pay-if-Paid Clauses
Not If, But When: Newly Enacted Virginia Legislation Bans “Pay-If-Paid” Clauses In Construction Contracts
Joseph A. Figueroa and Thomas E. Minnis | ConsensusDocs Recently passed legislation in Virginia is likely to dramatically change contractual relationships between prime contractors and subcontractors in the Commonwealth. Abrogating well-established common-law principles set forth by the Supreme Court of Virginia, on April 27, 2022, the Virginia General Assembly, after receiving input from Virginia Governor… Continue reading Not If, But When: Newly Enacted Virginia Legislation Bans “Pay-If-Paid” Clauses In Construction Contracts