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Before 1991, so-called “No Money Damages for Delay” provisions (or more simply “No Damage for Delay” provisions) were completely enforceable in Virginia construction contracts, both private and public.  In other words, if a general contractor’s contract with an owner contained a provision stating that, if the project was delayed, even if the owner caused the delay, then the general contractor was entitled to only an extension of contract time and not to any monetary damages caused by the delay (such as extended overhead) -- such a “no damage for delay” provision was ...

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

On March 18, 2020, the President signed into law the Families First Coronavirus Response Act (“FFCRA”). This new legislation contains a number of components designed to address the current COVID-19 pandemic, but two aspects of the FFCRA related to emergency sick leave and emergency family and medical leave will be of immediate concern to many employers. Below are answers to key questions for private employers about the FFCRA leave requirements. For specific applications of these new requirements to your workforce, when in doubt, consult experienced counsel.

We discuss how the coronavirus is impacting the construction industry and steps to address these impacts from a contractual basis.

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