Construction Law Blog

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

Construction industry professionals faced a number of challenges in 2019—chief among them a persistent labor shortage. 2020 promises to bring similar challenges to the construction industry. Below we identify six trends we expect to carry forward into the new year.

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 ...

The ability to enforce mechanic’s liens rights depends on careful consideration before, during, and after construction. The following ten issues reflect some of the more common issues that arise with liens on construction projects.