Construction Law Blog

Share your thoughts on a current law that exempts the Commonwealth from the statute of limitations available to written contracts by completing the Virginia Department of General Services's survey by September 6, 2019. 

Pay-if-paid provisions are prevalent now in subcontracts.  Many contractors have a “take it or leave it” approach to these contracts.  However, there are several middle-ground positions that can more effectively address the parties’ risks. This post discusses these alternatives.

Contractors and suppliers should be aware of changes to Virginia’s mechanic’s lien statutes that will affect all liens going forward. As of July 1, lien claimants will need to specifically identify amounts claimed in the lien that are not due as of the date of their filing.

The 2019 General Assembly adjourned on February 24, 2019, and the reconvened veto session adjourned on April 3, 2019.

All three of the bills discussed in our previous post – HB1667, SB1028, and SB272 – failed to pass this year. Although it ultimately failed to pass, House Bill 1667, which would have created a statute of limitations on public construction projects, made substantial progress in the General Assembly this year. The bill was voted out of its subcommittee, and Hirschler's own Webb Moore testified before the House Courts of Justice Committee, explaining to committee ...

In an article published on Tuesday, March 19, 2019 for Construction Executive, Courtney Paulk and Kelly Bundy discuss how employers can establish an “unpreventable employee misconduct” defense amid alleged Occupational Safety and Health Administration violations.

According to Courtney and Kelly, just because an employee broke the rules and did not follow safety procedure, it does not mean the employer is off the hook for liability. Click to learn their six tips for employers to establish and succeed in unpreventable employee misconduct defense.

Virginia contractors are aware that licensure is required for any construction work. In this post we identify five nuances of licensure that contractors should consider.

President Donald Trump recently signed Executive Order No. 13858, entitled Strengthening Buy-American Preferences for Infrastructure Projects. It is intended to encourage companies that receive federal financial assistance for infrastructure projects to use certain products manufactured in the United States. This Order expands the types of projects previously covered to now include many energy projects, and greatly increases the types of American products that contractors are encouraged to incorporate.

The Order, signed on January 31, 2019, directs the heads of ...

Providing construction labor or materials to the federal government raises a host of issues that are not present in private or state projects. Prime contracts with the federal government subject companies to numerous federal regulations. While subcontractors and suppliers have less direct obligations to the federal government, there still are several laws to consider. In this blog we discuss five significant considerations all subcontractors or suppliers on federal projects should keep in mind during a project.

1. Rights to Payment. Subcontractors and suppliers can utilize ...

Most design and construction contracts contain “dispute resolution” provisions that require mediation, arbitration, or litigation. In this post we provide a reference chart identifying some of the differences, pros and cons among these three options. 

Courtney Paulk, one of our blog authors and recently elected president of Hirschler, has been invited to participate in an unscripted, hour-long interview with the Robins School of Business's Dr. Richard Coughlan. The discussion will focus on leadership, decision-making, strategy, and other areas that contribute to Hirschler's success.

C-Suite Conversations are designed to highlight the challenges, opportunities, and decision-making processes of leaders in an engaging and educational format. Students, faculty, fellow business leaders and other guests are given a chance ...