Construction Law and Contract Consulting

Construction Law and Contract Consulting Thanks for visiting. I appreciate your interest in construction practice and constructionlaw.

Why Eeyore Is My Favorite A. A. Milne Character – Construction Law Musings- Richmond, VA
10/02/2025

Why Eeyore Is My Favorite A. A. Milne Character – Construction Law Musings- Richmond, VA

Growing up, I used to love the A. A. Milne books. Christopher Robin with his friends Owl, Piglet, Rabbit, Tigger, and, of course, that “Pooh Sticks” playing bear, Winnie the Pooh often…

Shameless Plug:  The Conclusion
09/18/2025

Shameless Plug: The Conclusion

Remember when I suggested (read yelled from the hills) that you should save the date for the 46th Annual Construction Law and Public Contracts Seminar? Well, now you can sign up for this great eve…

Mechanic's lien litigation clouds future of Shenandoah Mansions hotel in the Fan - Richmond BizSense
09/18/2025

Mechanic's lien litigation clouds future of Shenandoah Mansions hotel in the Fan - Richmond BizSense

Whether a long-planned Allen Avenue boutique hotel will ever open has been further thrown into question, despite the project being nearly complete and rooms available to be booked.

Shameless Plug Alert! Be Sure to Check out the 46th Annual Construction Law Seminar
08/13/2025

Shameless Plug Alert! Be Sure to Check out the 46th Annual Construction Law Seminar

I have been attending the Annual Construction Law and Public Contracts Law seminar for years now (with my firm having “100% attendance” every time). I’ve also, almost annually, p…

So, you got a subpoena to testify at trial or deposition. Unlike attorneys, particularly litigators, most people are unc...
05/01/2024

So, you got a subpoena to testify at trial or deposition. Unlike attorneys, particularly litigators, most people are uncomfortable when they testify. I hope that this PowerPoint presentation that accompanied a talk that Chris Chapman of Froehling & Robertson, Inc. and I presented at the 13th Annual VOSH Conference last year is helpful. So You Have Been Called to Testify? Now What? from Christopher Hill Please let me know your thoughts by comment or e-mail and if you find this interesting, please subscribe.

So, you got a subpoena to testify at trial or deposition. Unlike attorneys, particularly litigators, most people are uncomfortable when they testify. I hope that this PowerPoint presentation that a…

It is with humility and a sense of accomplishment that I announce that I have been selected for the seventh straight yea...
04/24/2024

It is with humility and a sense of accomplishment that I announce that I have been selected for the seventh straight year to the Virginia Super Lawyers in the Construction Litigation category for 2024. Add this to my recent election to the Virginia Legal Elite in Construction and I’ve had a pretty good year. As always, I am thrilled to be included on these peer-elected lists....

It is with humility and a sense of accomplishment that I announce that I have been selected for the seventh straight year to the Virginia Super Lawyers in the Construction Litigation category for 2…

When I first got the idea of "Guest Post Fridays" back in early 2009 and then launched it with a great post from Scott W...
04/24/2024

When I first got the idea of "Guest Post Fridays" back in early 2009 and then launched it with a great post from Scott Wolfe of The Wolfe Law Group (), I had no idea that it would take off in the way that it has. Now, almost 2 years and 90 posts later, Construction Law Musings has had the privilege of a wealth of perspectives on, among other topics, mediation (thanks…...

When I first got the idea of “Guest Post Fridays” back in early 2009 and then launched it with a great post from Scott Wolfe of The Wolfe Law Group (), I had no idea that i…

After WAY too long a hiatus, I am back with another in my series of "Construction Contract Basics" posts.  In past posts...
04/15/2024

After WAY too long a hiatus, I am back with another in my series of "Construction Contract Basics" posts. In past posts, I've covered venue provisions, attorney fee provisions, and indemnity clauses. In this post, I'll share a few thoughts (or "musings") on the topic of so-called "no damages for delay" clauses. These clauses essentially state that a subcontractor’s only remedy for a delay caused by any factor beyond its control (including the fault of the general contractor), after…...

After WAY too long a hiatus, I am back with another in my series of “Construction Contract Basics” posts. In past posts, I’ve covered venue provisions, attorney fee provisions, a…

In 2010, the Virginia Supreme Court held in Uniwest Const., Inc. v. Amtech Elevator Servs., Inc., that Va. Code Sec. 11-...
04/10/2024

In 2010, the Virginia Supreme Court held in Uniwest Const., Inc. v. Amtech Elevator Servs., Inc., that Va. Code Sec. 11-4.1 renders completely void and unenforceable any indemnification provision in a construction contract between a contractor and subcontractor that seeks to indemnify the indemnified party from its own negligent acts. In short, the Virginia Supreme Court stated that such overly broad provisions violate Section 11-4.1....

In 2010, the Virginia Supreme Court held in Uniwest Const., Inc. v. Amtech Elevator Servs., Inc., that Va. Code Sec. 11-4.1 renders completely void and unenforceable any indemnification provision i…

For this week’s Guest Post Friday, Musings welcomes Ryan Bowers ().  Ryan is a construction law attorney and business li...
04/03/2024

For this week’s Guest Post Friday, Musings welcomes Ryan Bowers (). Ryan is a construction law attorney and business litigator. Ryan’s construction practice draws on his years of hands-on experience in the construction field, which predates his practice of law. He also maintains Law under Construction, a blog built for Indiana construction professionals to monitor legal news and developments. ...

For this week’s Guest Post Friday, Musings welcomes Ryan Bowers (). Ryan is a construction law attorney and business litigator. Ryan’s construction practice draws on his years of hands…

In an unusual flurry of occupational safety related activity, the Virginia courts decided two cases in the last week rel...
03/27/2024

In an unusual flurry of occupational safety related activity, the Virginia courts decided two cases in the last week relating to either the review of occupational safety regulations themselves or their enforcement. In Nat’l College of Business & Technology Inc. v. Davenport (.pdf), the Virginia Court of Appeals considered what constitutes a "serious" violation of the exposure to asbestos Virginia Occupational Safety & Health (VOSH)...

In an unusual flurry of occupational safety related activity, the Virginia courts decided two cases in the last week relating to either the review of occupational safety regulations themselves or t…

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