Kristina Vaquera and N. Winston West, IV | Jackson Lewis Takeaways Related link Article Beginning July 1, 2026, potential liability of general contractors in Virginia for unpaid wages will greatly expand under newly enacted House Bill 238. This represents a major shift in risk allocation in the construction industry, moving wage compliance responsibility upstream and increasing… Continue reading Virginia General Contractors to Face Expanded Responsibility for Unpaid Wages
Analysis of Polinder v. Brand Insulations, Inc. and the Washington Construction Statute of Repose
Fatima Al-Rikabi | Wilson Elser The Washington Supreme Court’s recent decision in Polinder v. Brand Insulations, Inc., No. 102782-6 (Wash. Apr. 30, 2026), provides clarifications on how the construction statute of repose applies to contractors in asbestos litigation. By resolving conflicting appellate decisions, the Court established a more precise framework for evaluating when a contractor’s historical… Continue reading Analysis of Polinder v. Brand Insulations, Inc. and the Washington Construction Statute of Repose
The Gross Disproportionality Exception to Construction Damages
John Mark Goodman and Joe Mack Curry II | BuildSmart The usual measure of damages for breach of a construction contract is the cost to repair the defects or finish the incomplete work. But what if the cost to repair or compete is grossly disproportionate to the value that the additional work would create? In that… Continue reading The Gross Disproportionality Exception to Construction Damages
Critical Risk Mitigation Provisions for Design Contracts — Part 1: Waiver of Consequential Damages
James B. Wright and Barrett N. Lindsey | Clark Hill An essential element of architect and engineer contracts with their clients is the treatment of risk sharing between the parties. Design professionals who are typically simply providing services for a fee, and who are not investors who will share in the profits of a successful… Continue reading Critical Risk Mitigation Provisions for Design Contracts — Part 1: Waiver of Consequential Damages
Critical Risk Mitigation Provisions for Design Contracts – Part 2: Limitation of Liability Clauses
Barrett Lindsey and James Wright | Clark Hill As discussed in Part 1 of this series, design professionals face significant exposure for claims arising out of alleged errors and omissions in the performance of their services. While waivers of consequential damages help limit exposure to indirect losses, limitation of liability (“LOFL”) provisions serve as another… Continue reading Critical Risk Mitigation Provisions for Design Contracts – Part 2: Limitation of Liability Clauses