Construction Law Blog

Spending on nonresidential construction will cool to a modest 4% increase in 2024, after experiencing a remarkable 20% increase in 2023, according to the most recent American Institute of Architects (AIA) Consensus Construction Forecast, published on January 11, 2024.

Enactment of new statutory language directly addressing the impact of pay-when-paid provisions in Virginia will become effective January 1, 2023.

New legislation now prevents Virginia contractors from withholding payment on one project to address claims or backcharges on another.

The General Assembly significantly changed the law in 2020 when it imposed potential liability on general contractors for the improper employment practices of their subcontractors. The General Assembly recently modified this law again to provide an express defense to joint liability.

As of Friday, January 15, 2021, OSHA penalties will increase in accordance with the Federal Penalties Inflation Adjustment Act Improvements Act of 2015 (the “Inflation Act”).  

We are beginning to see courts issue rulings on when the COVID-19 pandemic excuses a party from performance. Two trends have emerged in the federal decisions that we summarize in this post. Ultimately, it appears that parties cannot use COVID-19 to excuse obligations that were in their control, but they can expect a thorough and critical analysis of their position.

A recent federal case reinforces the need for strict compliance with Miller Act notice requirements to secure recovery on a payment bond.

Communications between a general contractor and sub-sub prove critical in enabling a sub-sub to recover directly from the general contractor in this new Virginia Supreme Court case.

The General Assembly, in its 2020 session, passed new legislation (codified at new Virginia Code §11.4-6 and in amended and reenacted Virginia Code § 40.1-29) that makes Virginia general contractors jointly and severally liable for its subcontractors’ employee wages if the general contractor knew or should have known that the subcontractor was not paying its employees. The new law goes into effect on July 1, 2020.