James P. Bobotek | Virginia State Bar When preparing commercial contracts, parties strive for certainty to prevent post-execution risk allocation surprises. This is particularly true when drafting indemnification clauses in construction-related contracts. To prevent downstream parties with little contracting leverage from being asked to indemnify upstream parties for those upstream parties’ own negligence, the vast… Continue reading Uniwest And Virginia’s Anti-Indemnification Statute: The Trap For The Unwary Should Be Closed
Tag: Virginia
Mechanic’s Liens and Leases Don’t Often Mix Well
Christopher G. Hill | Construction Law Musings As those who read my “musings” here at this construction law blog are well aware, the topic of Virginia mechanic’s liens is one that is much discussed. From the basic statutory requirements to the more technical aspects of these tricky beasts. One aspect of mechanic’s liens that I have yet to… Continue reading Mechanic’s Liens and Leases Don’t Often Mix Well
Environmental Justice: A Changing Landscape for Virginia Developers
William Shewmake | Woods Rogers PLC A company in the formative stages of locating, permitting, and constructing any substantial industrial or commercial project needs to be keenly aware that the legal and regulatory landscape related to environmental justice is changing in Virginia. We anticipate that change will accelerate in the coming year. The Virginia Department… Continue reading Environmental Justice: A Changing Landscape for Virginia Developers
Even Where Fraud and Contract Mix, Be Careful With Timing
Christopher G. Hill | Construction Law Musings I have often discussed the limited circumstances under which a construction contract claim and a fraud claim can coexist. A recent case from the Western District of Virginia federal court demonstrates that care is necessary even in those limited circumstances. In Fluor Fed. Sols., LLC v. Bae Sys. Ordinance Sys.,… Continue reading Even Where Fraud and Contract Mix, Be Careful With Timing
2021 Construction Related Bills to Keep an Eye On
Christopher G. Hill | Construction Law Musings Each year here at Musings, I try and highlight some key construction industry-related bills that are winding their way through the Virginia General Assembly. This year is no different, though this year does not have the action level that prior years have had. Without further ado, here are… Continue reading 2021 Construction Related Bills to Keep an Eye On