Construction Law Blog

In an article published on Tuesday, February 25, 2020, for Contractor Magazine, Kelly Bundy and Liz Burneson discuss the enforceability of pay-if-paid provisions, alternatives to those provisions, and tips for subcontractors faced with these provisions during the contract negotiation stage and throughout the course of a project.

According to Kelly and Liz, the enforceability of pay-if-paid provisions varies by state. Subcontractors should pay attention to what law applies for each project and whether pay-if-paid provisions are enforceable in that jurisdiction. Kelly and ...

We have previously reported on two bills that would have repealed Right to Work in full (HB153, Del. Lee Carter) and in part (SB426, Sen. Richard Saslaw). Both of these bills have failed in the General Assembly and will not become law. HB153 failed to pass the House Appropriations committee when that committee refused to schedule a vote on the bill before Crossover, the date by which all House bills must be heard in the House (and all Senate bills must be heard by the Senate). The Senate Bill was passed by indefinitely in the Senate Commerce and Labor committee, which means the bill will not be taken up by the Senate before crossover. 

The Virginia Senate Judiciary Committee, in a rare showing of bipartisan support, voted unanimously 13-0 on Wednesday night (February 5, 2020) to advance the new “state contract statute of limitations” bill to the Senate Finance Committee for further review and approval. This follows unanimous (and bipartisan) approval of a substantially similar companion bill on Monday afternoon (February 3, 2020) by the House of Delegates Courts of Justice Civil Subcommittee. The House bill will also go to the House Finance Committee for review and approval.

The Senate bill, which is ...

Before this year’s General Assembly Session we wrote about two companion bills that would create a statute of limitations on claims made by the Commonwealth of Virginia on construction and design contracts for state projects. 

Yesterday, in a victory for the Virginia construction and design industries, the House of Delegates bill passed, on a bipartisan and unanimous basis, out of the House Courts of Justice Civil Subcommittee, over opposition voiced by the Virginia Department of General Services (DGS), the Governor’s Office, and VDOT.