Where Insurance and Contracts Collide in Construction

Christopher G. Hill | Construction Law Musings | May 23, 2017 As has been said a “few” times here at Construction Law Musings, the courts of the Commonwealth of Virginia strictly interpret the actual terms of a construction contract. A recent case in the Circuit Court for the City of Richmond provides yet another example… Continue reading Where Insurance and Contracts Collide in Construction

No Flow-Down of a Waiver of the Statute of Limitations to Subcontractor

Katherine E. Kohm | The Dispute Resolver | November 22, 2016 In the matter Hensel Phelps Construction Company v. Thompson Masonry Contractor, Inc. et al. the Supreme Court of Virginia considered whether a subcontract waived the applicable statute of limitations–meaning there was no time restriction to filing a lawsuit–by incorporating by reference the prime contract… Continue reading No Flow-Down of a Waiver of the Statute of Limitations to Subcontractor

Western District of Virginia Confronts Several Legal Issues That Frequently Impact Multi-Party Construction Disputes – Economic Loss, Damage to Other Property, Third Party Beneficiary Status, Warranties, Subrogation, and Third-Party Joinder

Robert A. Gallagher | Pepper Hamilton LLP | July 14, 2016 Allstate Insurance Company v. Structures Design/Build, LLC, 2016 U.S. Dist. LEXIS 34349 (WD VA March 17, 2016) This construction dispute case arises from a failed pipe connector that caused water damage to a facility and insured personal property, which Hillel at Virginia Tech, Inc.… Continue reading Western District of Virginia Confronts Several Legal Issues That Frequently Impact Multi-Party Construction Disputes – Economic Loss, Damage to Other Property, Third Party Beneficiary Status, Warranties, Subrogation, and Third-Party Joinder

What Constitutes a Total Loss in Virginia?

Kenneth Kan – November 26, 2013 Late last night, I was watching Bizarre Foods, one of my favorite shows on television. For those who are not familiar with the show, it follows a plump bald headed guy who travels all over in search of interesting eats. The episode I was viewing featured the State of… Continue reading What Constitutes a Total Loss in Virginia?

Lien Filing Update: Virginia Mechanic’s Liens Get Even Harder

Timothy R. Hughes – June 4, 2013 As many contractors and lawyers know, filing a proper mechanic’s lien in Virginia is quite difficult.  Virginia law provides that a mechanic’s lien must strictly comply with all of the provisions of the code.  Because the lien recovery can circumvent typical limitations and allow parties to sue outside… Continue reading Lien Filing Update: Virginia Mechanic’s Liens Get Even Harder