Rapid material price escalation is a costly reality of today’s construction industry. How long this escalation will be a reality is anyone’s guess. In the meantime, there are workable solutions; but those pressing for...more
On May 1, 2021, the Virginia Prevailing Wage Law (the “Law”), also referred to as the “Little Davis-Bacon Act,” became effective. The Law requires contractors and subcontractors working under any public contract over $250,000...more
Goodbye LIBOR - Hello Operational Headache!
A sea of change is on the horizon for benchmark interest rates as financial regulators respond to the need to replace the London Interbank Offered Rate (“LIBOR”). LIBOR has lost...more
10/22/2019
/ ALTA ,
Bankruptcy Code ,
Benchmarks ,
Consumer Bankruptcy ,
Interest Rates ,
Land Preservation ,
Landlords ,
Libor ,
Marijuana ,
Pay if Paid ,
Stormwater Discharge Permits ,
Surety Bonds ,
Tax Credits ,
Tenants ,
Title Insurance
A construction project can be a breeding ground for general contractor versus subcontractor payment disputes. Whether it is payment for extra work subject to the project owner’s approval, slow pay or no pay by the project...more
In July 2018, our Construction Alert addressed the question of who decides the arbitrability of a dispute when your contract includes an arbitration clause. Is it a court or the arbitrator? How did the “wholly groundless”...more
4/15/2019
/ American Arbitration Association ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
Arbitrators ,
Contract Terms ,
Exceptions ,
Federal Arbitration Act ,
Henry Schein Inc v Archer and White Sales Inc ,
Judicial Review ,
Motion to Compel ,
Question of Arbitrability ,
Remand ,
SCOTUS ,
Vacated ,
Wholly Groundless Doctrine
It is a common situation in the world of construction project disputes – the parties’ contract includes an arbitration clause. One party files a lawsuit in a court over a dispute, and the other party files a motion to stay or...more
If you are a design professional providing services in Virginia, or a general contractor on a public works project for the Commonwealth of Virginia, you need to know of two Virginia Supreme Court decisions in 2016. You ask...more
7/5/2017
/ Appeals ,
Bench Trial ,
Claims Limitations Period ,
Construction Defects ,
Construction Industry ,
Design Professionals ,
Duty of Care ,
General Contractors ,
Indemnity Claim ,
Public Projects ,
Replacement Costs ,
Subcontracts ,
VA Supreme Court
2016 begins with the issuance of this Construction Industry Newsletter, our fifth. In this issue, we have articles on vapor intrusion, liability for project design, enforcement of mechanic’s lien and bond waiver clauses, and...more
3/29/2016
/ Architects ,
CERCLA ,
Contaminated Properties ,
Contractors ,
Designer Professionals' Liability ,
Due Diligence ,
Enforceability ,
Environmental Assessments ,
Environmental Protection Agency (EPA) ,
Implied Warranties ,
Mechanics Lien ,
New Legislation ,
OSHA ,
Self-Reporting ,
Subcontractors ,
Toxic Exposure ,
Vapor Intrusion ,
Vapor Intrusion Guidance ,
Volatile Organic Compounds (VOC) ,
Waivers
In the prior issue of this newsletter, we included an article on the high standard of proof and the practical considerations for a federal government contractor claiming that the federal government acted in bad faith in its...more
6/15/2015
/ Bad Faith ,
Board of Contract Appeals ,
Construction Contracts ,
Construction Project ,
Contract Disputes ,
Contract Interpretation ,
Covenant of Good Faith and Fair Dealing ,
Design-Build ,
Federal Contractors ,
Federal Procurement Systems ,
Public Projects ,
Veterans Administration
In this Issue:
- Welcome
- Williams Mullen Announces Coastal Flooding Practice
- Federal Government Contracts
- New Challenges
- Green Certification
- Bankruptcy and Virginia...more
In our current Williams Mullen Construction Industry News, the article titled “Federal Contractors” discussed a ruling on March 6, 2014 by the U.S. District Court for the District of Columbia ordering a federal government...more
In This Issue:
- CGL Insurance & Defects
- No Sure Thing
- Contract Quicksand
- The Nuclear Option
- Federal Contractors
- Excerpt from CGL Insurance & Defects:
Does Your Insurance Cover...more
Effective November 1, 2013, the American Arbitration Association (“AAA”) adopted an optional appellate procedure for review of arbitration awards. According to the AAA, its new appellate review option provides grounds for...more