Virginia Construction Lawyer


Talking Crisis Changes on the Job Site at Construction Law in North Carolina

Today Musings takes a trip to Construction Law in North Carolina to discuss those pesky on the fly change orders on the job. Thanks to Melissa Brumback for the invite and while you’re over there check out the rest of her great content. 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. Related Musings:Talking Compromise at Construction Law in North CarolinaConstruction Change Order Provisions- Sword and Shield?What Do Construction Lawyers Do?Contractors – Make Someone Else Pay Your Attorneys’ FeesMake Your Contract Work for You: Top 5 Clauses to…


Another Reminder that Your Construction Contract Language Matters

Here at Musings, I have often (some might say too often) discussed the fact that in Virginia (as well as other places), your construction contract language will be strictly enforced. I have also discussed the need for attorney fees provisions as well as other language in order to mitigate your risk as a contractor. A recent case from the City of Roanoke Circuit Court discussed both of these principals and their intersection. In LAM Enterprises, LLC v. Roofing Solutions, Inc., the Roanoke Court looked at a contract between LAM and Roofing Solutions, Inc. that contained two provisions of the construction contract between the parties. The first provision limited the liability of Roofing Solutions to the contract price. The second provision is a relatively typical “prevailing party” attorney fees provision in which the winner of any lawsuit would be entitled to collect its attorney fees. For the specific language of these provisions, I commend the opinion linked above for your reading. W..


Be Ready to Lien in 2009 (but Be Careful!)

Originally posted 2010-07-30 12:28:30. 2009 is likely to be a year in which many construction liens are filed. As all of us in construction know, and as reported in the AGC SmartBrief, the beginning of 2009 and through 2010 will likely show an even greater downturn in the commercial and residential markets. These economic times will make mechanic’s liens, bonding and other proactive approaches to collection all the more important. However, you need to be careful in filing your liens, especially in Virginia. Even with my experience, I am always amazed at how specific the requirements for filing mechanic’s liens in Virginia (and other states) can be. For example, in a recent case out of Fairfax County, Artitech, Inc. v. Kaled Naser, et. al., CL07-5431 (Va. 2007), the Court invalidated a lien because the affidavit required to be filed with the lien to verify the amount claimed did not identify the capacity of the signatory of the affidavit. The Court reasoned that the Virginia statute ..


More Fishing with Construction Clients

I have written before here at Construction Law Musings about the value of personal interactions with clients in the age of internet marketing, Twitter, etc. At times, however, even I forget my own advice and tend to stick to my office and use email and other online tools for marketing and client development. At times it is easier to use the great tools of a “cloud” centered world to communicate and otherwise interact with clients, attorneys, and potential clients. In many ways, I’ve taken to the cloud and its convenience and power. My Clio practice management and billing system I use for my construction law practice is cloud based and, of course, Musings is itself a blog. For these reasons, I occasionally fall into the trap of “staying in the cloud.” Just a couple of weeks ago, I was reminded of the fun and, yes, marketing advantage of “real world” interaction with clients. I was out with friends, including one of my construction clients, fishing for tarpon (the photo for this post is..


Why should anyone write a blog posting every day, for 8.5 years? How about half-a-million dollars . . .

Originally posted 2015-03-13 09:00:16. This week, Musings welcomes back Mark Buckshon of the Construction Marketing Ideas blog to Guest Post Friday. Mark publishes several regional construction industry newspapers and websites. He can be reached at 888-627-8717 ext 224 or by email at buckshon@cnrgp.com. Some projects are labors of love, with surprisingly important and valuable results. However, I could never have anticipated the success when I decided to start a daily construction marketing blog in 2006, continuing it through every season for 8.5 years. Sometimes, when I took vacations and needed to be off-line for several days or even weeks, I generated dozens of blog postings in advance, saving them for release day-by-day in my absence. I blogged on public holidays, through critical stress periods, and when the work backlog seemingly stretched to eternity. Allowing for 30 minutes a day, the project has consumed 64 days of my life over the years. The reward for all the work and t..


The ARC and The Covenants

Originally posted 2012-11-02 09:00:03. For this week’s Guest Post Friday here at Musings, we welcome back Mike Collignon. Mike is a co-founder of the Green Builder Coalition. The Green Builder® Coalition amplifies the voice of green builders and professionals to drive advocacy and education for more sustainable building practices. As we start to see signs of a housing recovery, slow as it may be, I feel the industry is in a great position. All the effort put in by so many to improve our energy codes, green building programs & rating systems will finally be able to bear fruit. We can start to build homes that are much more environmentally responsible. Sure, we can have a lengthy debate about implementation and adoption rates, but you’ve got to walk before you can run. Unfortunately, I can see that progress getting shackled by an unexpected impediment: the architectural review committee (ARC; sometimes called “architectural committee” or “architectural control authority”) and the coven..


The Top 10 Changes to the AIA A201: What You Need to Know

For this week’s Guest Post Friday here at Musings, we welcome back Melissa Dewey Brumback. Melissa is a construction law attorney with Ragsdale Liggett in Raleigh, North Carolina. Aside from the fact that she is a UNC grad and fan, she’s okay! In 2017, as it does every ten years, the American Institute of Architects (AIA) updated most of its standard form contract documents, including the A201 General Conditions. This cycle, the contract changes are evolutionary in nature, not revolutionary. Even so, it is crucial to know the changes to avoid making a fatal mistake that could cost you money on a construction project. In reverse order, the top 10 changes you need to know include: # 10: Differing Site Conditions Prior editions of the A201 provided that upon encountering differing site conditions, the Contractor was to promptly provide notice to the Owner and Architect, before the conditions are disturbed, and in no event later than 21 days after the conditions were first observed. A2..


Residential Contractors, Be Sure to Have these Clauses in Your Contracts

I have often “mused” on the need to have a good solid construction contract at the beginning of a project. While this is always true, it is particularly true in residential contracting where a homeowner may or may not know the construction process or have experience with large scale construction. Often you, as a construction general contractor, are providing the first large scale construction that the homeowner has experienced. For this reason, through meetings and the construction contract, setting expectations early and often is key. As a side note to this need to set expectations, the Virginia Department of Professional and Occupational Regulation (DPOR) and the Virginia General Assembly require certain clauses to be in every residential construction contract. DPOR strictly enforces these contractual items and failure to put them in your contracts can lead to fines, penalties and possibly even revocation of a contractor’s license. These 10 provisions include the requirement of a w..


Some Construction Nuggets to Consider

Originally posted 2012-02-24 09:00:08. For this week’s Guest Post Friday here at Musings, we welcome a good friend, Brett Marston. Brett is the head of the construction law practice group at Gentry Locke Rakes & Moore in Roanoke, Va. and a member of the firm’s management committee. He is AV-rated by Martindale-Hubbell and has extensive experience in construction contract negotiations and preparation, payment disputes, mechanic’s liens, bond claims, construction defects, delay claims, insurance, litigation, and OSHA matters. He handles significant construction matters in federal and state courts, arbitration, and mediation for general contractors, subcontractors, owners, design professionals, and suppliers. Brett is a 1993 graduate, with honors, from the George Mason University School of Law, and a 1990 graduate of the University of Virginia. Prior to starting with Gentry Locke in 1994, Brett was a law clerk to the Honorable J. Calvit Clarke, Jr., Sr. Judge of the United States Distric..


Second Consecutive Election to Super Lawyers! Thanks!

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 Lawyers this year in 2018 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 2018. 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 should be available shortly. 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..



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