Christopher G. Hill | Construction Law Musings I’ve discussed the Virginia Consumer Protection Act (VCPA) and the interaction between fraud and contract on numerous occasions here at Construction Law Musings. A recent case from the Eastern District of Virginia District Court discusses this interaction (along with that dreaded default) further. In Bhutta v. DRM Construction Corp., the homeowners, the Bhuttas, sued DRM… Continue reading Default, Fraud, and VCPA (Oh My!)
Tag: Virginia
Nobody’s Perfect(ed): The Complex Landscape of Mechanic’s Liens in Virginia
Brian Clarke | Sands Anderson Mechanic’s liens have long been a valuable tool for mechanics and materialmen in the Commonwealth to secure their rights to payment. Yet, despite mechanic’s liens having been in existence for well over a century, properly perfecting and enforcing a mechanic’s lien continues to prove an extraordinarily difficult task, even for… Continue reading Nobody’s Perfect(ed): The Complex Landscape of Mechanic’s Liens in Virginia
New Amendments to Virginia’s “Prompt Payment” Law take effect July 1, 2023
W. Alexander Burnett and Christopher McDonald | Williams Mullen In 2022, the General Assembly enacted significant changes to Virginia Code §§ 2.2-4347, 2.2-4354 and 11-4.6 that mandated prompt payment by owners, contractors and subcontractors on public and private construction projects and invalidated “pay if paid” clauses (the Prompt Payment law). That Prompt Payment law became effective as of January 1,… Continue reading New Amendments to Virginia’s “Prompt Payment” Law take effect July 1, 2023
Virginia General Assembly Tweaks Pay-if-Paid Ban
Christopher G. Hill | Construction Law Musings Last year, the Virginia General Assembly passed into law a ban on the so-called pay-if-paid clauses, effective January 1, 2023. I shared my thoughts and concerns with the legislation as drafted at the time of its passage. During this most recent legislative session, and among some other construction-related bills, the General Assembly… Continue reading Virginia General Assembly Tweaks Pay-if-Paid Ban
Virginia Bans Pay-If-Paid Clauses to Protect Construction Subcontractors
Meghan Hunter Harrison | Troutman Pepper Virginia has joined the ranks of states that ban “pay-if-paid” clauses. Contingent payment clauses, like “pay-if-paid” and “pay-when-paid” clauses, protect contractors: A contractor need not pay its subcontractors or suppliers until the owner pays the contractor. A “pay-if-paid” clause conditions a subcontractor’s right to payment on the owner paying the contractor.… Continue reading Virginia Bans Pay-If-Paid Clauses to Protect Construction Subcontractors