Construction Law Blog

The 2019 General Assembly bill, supported by the Hirschler Construction Law Team, that would have created a five-year statute of limitations on public projects, hit a roadblock during the 2019 Session when the House Appropriations Committee requested that the Department of General Services (DGS) conduct a study of the bill over the summer and fall of this year. After considering the findings of a recent survey and series of town hall meetings, the DGS is expected to issue a report by December 31, 2019.  In our latest post we discuss the survey findings and our own town hall participation which will impact the DGS’s report.

We have previously written about the Hensel Phelps case here and here and the result in that case arising from the Commonwealth’s complete immunity on state jobs from the normal five-year contract statute of limitations (in Hensel Phelps, a state agency was allowed to bring suit against a general contractor fourteen years after substantial completion). A recent Supreme Court of Virginia case arising in a different context highlights the need for either: (1) the General Assembly to change this law allowing the Commonwealth to bring stale lawsuits; or (2) general contractors to ...

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. 

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 ...

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 ...

As the 2019 Virginia General Assembly Session starts today, there will be a handful of bills that could greatly affect the construction industry. We recommend construction industry participants watch three particular bills closely this session.

This year’s Virginia General Assembly Session is for the most part complete and, as usual, Virginia lawmakers addressed (in some cases unsuccessfully) multiple construction industry issues. Here is a rundown of the House and Senate bills that passed and will become new law as of July 1. A few bills that did not pass and some that might live to be the subject of debate later this year or in next year’s Session are also included.

The 2017 Virginia General Assembly has enacted several laws that affect public procurement and professional regulation.

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 ...