Virginia Construction Lawyer

Knowledge Management for Leases: The Option to Expand

Originally posted 2014-04-14 09:00:47. Republished by Blog Post Promoter For this week’s Guest Post Friday here at Construction Law Musings, we welcome Jason Mark Anderman. Jason is President of WhichDraft, designed to help small businesses, freelancers, and entrepreneurs easily and affordably create the kinds of legal documents they use in their businesses every day via a simple Q&A interface that makes it easy to quickly create sophisticated legal documents, like Confidentiality, Consulting, Software Development and Commercial Lease Agreements. Today I want to share with you how to use a knowledge management strategy to massively improve your negotiating expertise and ability when it comes to a common commercial lease provision: the option to expand. For the purposes of this post, let’s consider this provision from the perspective of a commercial tenant. Key Negotiating Points. First you will want to determine your key negotiating points. Excluding rent increase and construction is..

Thoughts on Massachusetts Prompt Pay Law

Originally posted 2012-12-24 09:17:57. Republished by Blog Post Promoter For this Monday edition of Guest Post Friday, we welcome a new contributor, Adam Kreitman. Adam (@amkreitman) is a project manager at North East Interior and an Army Corps Certified Quality Control Manager. Background Gov. Deval Patrick passed an act that profoundly affected payment terms on private construction projects in November of 2010. The “prompt-pay” law governs all construction projects greater than $3 million; except for one- to four-unit residential projects. The primary focus of the “Prompt-Pay” Law is to create strict standards on disapproval of requisitions and a time-table on review and approval of extra work and change orders. According to the now 2 year old law, a contractor/subcontractor/vendor seeking compensation must submit a requisition within 30 days of the end of the first calendar month that occurs at least 14 days after it commenced work. The review of payment applications for the firs..

Legislative Changes that Impact Construction 2017

Virginia General Assembly (Photo credit: Wikipedia) Well, the Virginia General Assembly has finished its yearly run through the legislative process and this year there are a few highlights for those of us in the construction industry. It is always interesting to see what issues are the big ones that get a lot of attention. This year the changes impacted public procurement, VOSH fines, and employment of unlicensed individuals on a job site. These changes to the various statutes that impact the day to day operation of the construction industry in Virginia will go into effect on July 1, 2017. The following bills passed the legislature and in my opinion affect my clients in the Virginia construction industry (I’ve used the House Bill numbers, but there are often corresponding Senate Bill numbers as well): HB2366– This bill amends the Virginia public procurement process to establish requirements for the procurement of construction using the construction management and design-build procur..

Should a Subcontractor provide bonds to a GC who is not himself bonded? (Bonding Agent Perspective)

Guest Post Friday is back, and for this week, Construction Law Musings welcomes Steve Moore. Steve has been the Construction & Surety Manager for Towne Insurance Agency-Invincia, in Chesterfield, VA since 2010. Steve’s experience in the Virginia surety bonding marketplace started in 1985 with USF&G. His underwriting travels took him from USF&G to starting National Grange Mutual’s mid-Atlantic bond department over Virginia, Maryland, Delaware, North & South Carolina, to being Reliance Surety’s “Firemark” bond manager in Virginia. Reliance was purchased by Travelers, where Steve continued to grow the surety book of business and build expertise and relationships. Experience with Travelers and Zurich had Steve handling surety bonds for some of Virginia’s largest and best-of-class contractors. Recently, he was contracted by the Commonwealth’s Attorney’s office to serve as a contract surety expert witness on behalf of the state. He is a 1985 graduate of Virginia Tech with double-major B.S. d..

Thank You for the Super Lawyers Nod

I am always appreciative and humbled to join the great lawyers who populate lists such as Legal Elite and Super Lawyers. Needless to say I am even more thankful when I get elected to a great list like the Virginia Super Lawyersthis year in 2017, this time in the Construction Litigation category. So without further ado, thank you to my peers and those on the panel at Virginia Super Lawyers for the great honor. I feel quite proud to be part of the 5% of Virginia attorneys that made this list for 2017. The full lists of Virginia Super Lawyers will appear in the May edition of Richmond Magazine. Please check it out. If you want to see the lists before then, a digital version of the Virginia Super Lawyers magazine is available here. Thanks again to all of you who participated in my nomination and election. As always, I welcome your comments below. Please subscribe to keep up with this and other Construction Law Musings. © Construction Law Musings- Richmond, VA is licensed under a Cre..

When Is Mandatory Arbitration Not Mandatory?

Originally posted 2015-08-10 10:16:47. Republished by Blog Post Promoter English: This is a locator map showing Charlottesville in Virginia. (Photo credit: Wikipedia) I have discussed my views on mandatory mediation in construction contracts at other places here at Musings and also discussed how the contract is king here in Virginia. A recent Charlottesville, Virginia Circuit Court case combined these two concepts to allow a subcontractor to proceed straight to litigation despite various ADR provisions in the contract between it and the general contractor. In ProBuild v. DPR & Continental Casualty, the Court looked at a series of ADR steps that were to be followed in the contract between the parties in order to allow DPR, the general contractor to require arbitration as opposed to litigation. The Court considered the surety’s motion to stay the litigation against it pending arbitration between ProBuild and DPR. In ProBuild, the Court looked at a contractual provision that provided c..

Construction Law Musings Hits the Beach

(Photo credit: Wikipedia) Well, I’m off for some fun in the sun for a week so I won’t be posting any new Musings this week. In the meantime, peruse the other posts on Virginia mechanic’s liens, bond claims and the like. Also be sure to check out my Guest Post Friday posts for different perspectives on the world of construction. Thanks again for continuing to read and I’ll be back musing again next week. As always, I welcome your comments below. Please subscribe to keep up with this and other Construction Law Musings. © Construction Law Musings- Richmond, VA is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 license. Send to KindleRelated Musings:Construction Law Musings Hits the BeachShameless Plug Alert: Please Consider Construction Law…Construction Law Musings Hits the BeachBack Posting with Thoughts on Lien WaiversMy How Six Years of Musings Can Fly By!

CALGreen. It’s finally here. Now what?

Originally posted 2011-11-18 14:56:46. Republished by Blog Post Promoter For this week’s Guest Post Friday, Musings welcomes Imad Naffa. Imad is the Founder and President ofNAFFA International, a private Building Code Services firm in Fresno, CA. He is also the Developer and Administrator of the Building Code Discussions Group (BCDG), one of the largest building code online communities on the internet with 23,000+ members from 100+ countries. You can also find him on the web where he posts on topics dealing with Building, Fire and Accessibility /ADA codes, housing and construction; along with news relating to design, construction, LEED/Green/CALGreen and Global Affairs. You can follow Imad on Twitter (@imadnaffa). If you have technical questions related to Building, Fire, Accessibility/ADA Codes or CALGreen, Imad would be happy to respond byemail. Background Every three years, the building codes are updated. That in by itself is always a challenging time for all involved in the bui..

Virginia General Assembly Helps Construction Contractors

Originally posted 2015-05-18 09:00:47. Republished by Blog Post Promoter Image via Wikipedia As reported last week at the Virginia Real Estate, Land Use and Construction Law Blog (authored by my good friend Tim Hughes (@timrhughes)), the Virginia General Assembly has passed an amendment to the jurisdictional limitations of Virginia General District Courts. The new statute, going into effect July 1, 2011, increases the jurisdiction of these courts to $25,000 from the present level of $15,000. Why is this a big deal? As a solo practitioner who represents contractors and subcontractors in cases big and small, this increase is a boon to my practice and the collect-ability of some debts. I think back to the numerous conversations I have had with clients who had bona fide claims for around $20,000. These conversations inevitably turned toward the cost of Circuit Court versus General District Court and whether it would be better to leave money out of the claim to avoid the ramped up attorn..

Thoughts on Letting Go at ALPS 411

Originally posted 2015-07-28 11:00:05. Republished by Blog Post Promoter Once again, the folks over at the ALPS411 Blog have let me invade and post some thoughts from the world of solo construction practice. This time, they asked for (and I hope I delivered) some of my better thoughts on “letting go” of work once the work day is done. Here’s a bit of an excerpt: One of the hardest things for a solo construction attorney like me (or any other lawyer) is how to “let go” and leave the office at the office (or the [wherever you may work]). As conscientious professionals we spend our days obsessing about other peoples problems, advising clients as to the best way to deal with their particular circumstances, fighting it out with other lawyers and running a law practice. It’s no wonder that we develop a semi-obsessive mindset that, while part of what is necessary to be a successful solo practitioner (along with a reasonable web presence, good marketing strategy and, as should be obvious, a g..

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