Construction Law Blog

Parties to a construction contract should pay particular attention to the contract’s terms concerning claims. Statutory limitations periods may be shortened or extended.

Most contractors would assume that Virginia courts will decide disputes over construction projects taking place in the Commonwealth. In fact, a Virginia statute requires it. In late 2017, however, a Virginia federal court transferred a Virginia construction dispute to another state that had no relation to the dispute except for the contract’s venue provision.

Recent Virginia cases underscore the importance of including a prevailing party attorneys’ fees provision in any construction contract and make clear that a court cannot simply calculate a prevailing party’s attorney fee award based upon the amount of damages sought.

A recent New Hampshire case shows that all indemnification provisions are not equal. Without careful drafting, a party may be required to indemnify another party even before any allegations of negligence are proven in court.

Your company has been named an additional insured on a certificate of insurance. Is that enough? Possibly not. This blog shares how a New York court recently declared that a construction manager was not an additional insured despite being named on a certificate of insurance.

As foundational as contracts are to the construction industry, many fail to recognize when they have entered into a contract. Misunderstandings about when a contract is legally formed and how it will be enforced can lead to significant obstacles in the event of a dispute. In the following brief Q&A, we examine some common misconceptions and discuss the principles that courts would apply when ruling on contract formation.

Not too many companies are doing work today on a handshake agreement. Yet many companies fail to document changes that occur on a project.

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?

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.

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.