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  • Posts by Kelly J. Bundy
    Posts by Kelly J. Bundy

    Kelly’s practice focuses on construction law, commercial and product liability law, with an emphasis on dispute resolution—including mediation, arbitration, jury and bench trials in state and federal court. She routinely ...

Many design and construction contracts and subcontracts contain a “waiver of subrogation” provision in the contract’s “Insurance Requirements” section. But what exactly is “subrogation” and what does it mean to “waive” subrogation rights?

Posted in Legislation

The Virginia General Assembly and Governor Terry McAuliffe have proposed a change to the state historic rehabilitation tax credit program that could affect real estate development statewide. The bill was introduced after a Senate panel killed Senator Glen Sturtevant’s proposed bills to cap and phase out state historic tax and other credits.

HB 2460 would take effect for taxable years beginning on and after January 1, 2017, but before January 1, 2019. The proposed changes provide that the amount of annual state historic tax credit each taxpayer uses may not exceed $5 million. The ...

Posted in Contracts, Records

The construction industry is experiencing a surge in mergers and acquisitions. Almost 25% more engineering and construction companies were buying or selling in 2016 over 2015. Here are three tactics to consider in preparing for a sale, which could save you time and money during deal negotiations.

An OSHA inspector just completed an inspection of your worksite. What steps should you take now?

Several bills are pending in the 2017 Virginia General Assembly that could impact construction in the Commonwealth.

Posted in Contracts, Insurance

Contractors are often asked to name someone else as an additional insured on their policies. Care must be exercised to ensure that the status of additional insured is properly granted.

We previously discussed on the blog what to do before an OSHA inspector arrives on site. But what should a contractor do during an OSHA inspection? The following are several tips that will help an OSHA inspection go as smoothly as possible.

Many businesses rely on professionals and laborers retained and assigned through staffing agencies. In a decision released yesterday, the Fourth Circuit Court of Appeals ruled that insurance coverage for the negligent acts of those borrowed employees turns on the language of the insurance policy at issue, not the terms of the staffing agreement between the staffing agency and its client.

A recent Virginia Supreme Court opinion has highlighted the impact of private statutes of limitations in public contract disputes and again confirmed the need to ensure indemnification provisions are drafted to comply with Virginia law.

The various cycles in the real estate market require different legal services. This post discusses four typical phases of the market cycle, legal issues common to those phases, and ways in which contractors can use this understanding to prepare for the future.

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