Another Reminder that Contracts are Powerful in Virginia

Christopher G. Hill | Construction Law Musings Regular readers of this construction law blog are likely tired of my refrain that the contract is king here in Virginia.  With few exceptions, some of which have been passed in the last few years, the contract can and does essentially set the “law” for the transaction.  A recent opinion from the 4th… Continue reading Another Reminder that Contracts are Powerful in Virginia

Time is of the Essence, Even When the Contract Doesn’t Say So

Christopher G. Hill | Construction Law Musings Welcome to 2021!  As often happens here at Construction Law Musings, the year starts with a few posts on notable construction law cases that dropped in the past year or so.  Not only does this review hopefully help you keep up, but helps me keep up with the latest… Continue reading Time is of the Essence, Even When the Contract Doesn’t Say So

Yet Another Reminder that Tort and Contract Don’t Mix

Christopher G. Hill | Construction Law Musings I have stated on numerous occasions here at Musings that in Virginia, contract claims and tort claims (read fraud) don’t mix.  A recent case from the Federal District Court for the Eastern District of Virginia presents another example of this principle.  In Itility LLC v. The Staffing Resource Group, Judge… Continue reading Yet Another Reminder that Tort and Contract Don’t Mix

Changes to Va. Code Section 43-13: Another Arrow in a Subcontractor’s Quiver

Christopher G. Hill | Construction Law Musings As is always the case here in Virginia, our General Assembly has made some legislative changes that affect construction contracting.  One of these changes is an amendment to Va. Code 43-13 found in the mechanic’s lien section of the Virginia Code. This section of the code has always required that any money paid to… Continue reading Changes to Va. Code Section 43-13: Another Arrow in a Subcontractor’s Quiver

Reasonableness of Liquidated Damages Determined at Time of Contract (or, You Can’t Look Back Again)

Christopher G. Hill | Construction Law Musings I’ve discussed the continuing litigation between White Oak Power Constructors v. Mitsubishi Hitachi Power Systems Americas, Inc. previously here at Construction Law Musings because the case was another reminder that your construction contract terms matter and will be interpreted strictly here in the Commonwealth of Virginia.  The prior opinion in this case from the… Continue reading Reasonableness of Liquidated Damages Determined at Time of Contract (or, You Can’t Look Back Again)