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|Consequences of “Hokie Stone” Case on Public Construction Projects|
K. Brett Marston, Abigail E. Murchison; Gentry Locke, LLP;
February 20, 2017, previously published on January 2017Miles removed from the “Battle at Bristol,” Lane Stadium, and Cassell Coliseum, a legal battle involving the installation of “Hokie Stone” was recently waged. In November 2016, the Supreme Court of Virginia issued an opinion in the case, which could have consequences for...
|Recent Virginia Supreme Court Decision Impacts Subcontractor Liability|
Gretchen M. Ostroff; Vandeventer Black LLP;
February 20, 2017, previously published on January 2017Last month the Virginia Supreme Court issued an impactful case decision regarding subcontractors’ liability. That decision, Hensel Phelps Construction Co. v. Thompson Masonry Contractor, Inc., in particular addressed the effect of general subcontract flow down provisions and reaffirmed prior...
|Are Non-Compete Agreements Right for Your Construction Company?|
Peter C. Vilmos; Burr & Forman LLP;
February 15, 2017, previously published on January/February 2017Non-compete agreements, or non-competition agreements, are contracts into which an employer and an employee enter that restricts the work the employee can perform for another company when the employee’s tenure at the employer company ends. Typically, it’s illegal to intentionally...
|A Look Ahead at Construction in 2017|
Matthew J. DeVries; Burr & Forman LLP;
February 14, 2017, previously published on December 2016On behalf of Burr’s Construction Practice Group and the entire firm, I wish you, your family and your company continued success and the very best this Holiday Season. I think most of us can see that the growth in construction predicted last year for 2016 came to fruition in many instances....
|Court Finds “Bargained-For Benefit” of Roofing Work Despite Water Problems|
William S. McCoy; McDonald Hopkins LLC;
January 27, 2017, previously published on January 13, 2017Does a breach of contract occur when a roofing job results in moisture developing inside of a building? An Ohio appellate court recently addressed that issue in Coliadis v. Holko Enercon, Inc. and found that despite the water problems, the plaintiff property-owner received the benefit of the...
|Construction One-Minute Read: Carefully Crafting Internal Reports|
Jonathan Mraunac; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
December 22, 2016, previously published on November 30, 2016Contractors often prepare internal investigative reports concerning situations that could lead to future litigation. Like most other internal business records, internal reports are discoverable in litigation. Once disclosed externally, an internal report can be damaging to the contractor’s...
|Fixing the Problem - Not the Blame|
Curtis W. Martin; Peckar & Abramson A Professional Corporation;
December 21, 2016, previously published on November 2016Who is responsible for defective design under Texas law? The contractor, under Lonergan? The owner, under Spearin? A recent Fifth Circuit decision suggests that in some cases this might be the wrong question when design responsibility is disputed. The appellate court recently remanded a case back...
|Attorneys Brian Tokarz and Matthew Fisher to Present to the National Business Institute on Construction Defect Insurance Coverage Issues|
Matthew V. Fisher, Brian C. Tokarz; Meissner Tierney Fisher & Nichols S.C.;
December 7, 2016, previously published on November 2016Join attorneys Brian Tokarz and Matthew Fisher for the National Business Institute’s video webcast on Monday, December 19, 2016 at 9:00 a.m. CST. The webcast, "Construction Defect Insurance Coverage Issues Demystified” will help all interested attorneys, insurance professionals,...
|Project Labor Agreements in Public and Private Contracting|
Jonathan R. Mayo; Smith, Currie & Hancock LLP;
November 29, 2016, previously published on November 2016Finding and hiring qualified construction workers is a growing challenge for contractors across North America. One method of securing labor is through a Project Labor Agreement (PLA). A PLA is a pre-hire agreement between a project owner or contractor and one or more labor unions that establishes...
|Construction One-Minute Read: 4 Legal Issues With Building Information Modeling|
Eric A. Berg, Jonathan Mraunac, Randolph E. Ruff; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
November 21, 2016, previously published on November 15, 2016Building Information Modeling (BIM) is changing the way construction projects are delivered.