Alexander W. Burnett and Patrick A. Cushing | Williams Mullen On April 27, 2022, the Virginia General Assembly passed Senate Bill 550, which makes “pay when paid” and “pay if paid” clauses unenforceable in most circumstances and requires both public and private construction contracts to include certain payment clauses that obligate the contractors to be… Continue reading New Virginia Prompt Payment Statutes Invalidate Most ‘Pay When Paid’ Clauses
Tag: Virginia
New Legislation Bans Contingent Payment Provisions in Virginia
Jackson S. Nichols and Nocholas F. Morello | Construction Law Now Blog The Virginia Legislature passed a bill that, if signed into law by Governor Youngkin, would amend VA ST §§ 2.2-4354 and 11-4.6 to prohibit the use of contingent payment provisions in public and private construction projects. It states that “[p]ayment by the party… Continue reading New Legislation Bans Contingent Payment Provisions in Virginia
One More Statutory Tweak of Interest to VA Construction Pros
Christopher G. Hill | Construction Law Musings While I have focussed on the recent “pay if paid” legislation in recent posts, the Virginia General Assembly has taken other action that is of interest to those of us that represent construction professionals in Virginia. One such action is yet another tweak to the so-called “wage theft” statute that essentially made… Continue reading One More Statutory Tweak of Interest to VA Construction Pros
Thoughts on New Pay if Paid Legislation
Christopher G. Hill | Construction Law Musings Recently, the Virginia General Assembly closed its session having passed legislation essentially banning “pay if paid” clauses in construction contracts, both public and private. Assuming that Governor Youngkin signs the bill into law on or before his deadline of April 11, 2022, the following new requirement will be grafted into… Continue reading Thoughts on New Pay if Paid Legislation
Thoughts on New Pay if Paid Legislation
Christopher G. Hill | Construction Law Musings Recently, the Virginia General Assembly closed its session having passed legislation essentially banning “pay if paid” clauses in construction contracts, both public and private. Assuming that Governor Youngkin signs the bill into law on or before his deadline of April 11, 2022, the following new requirement will be grafted into… Continue reading Thoughts on New Pay if Paid Legislation