Articles

Not If, But When: Newly Enacted Virginia Legislation Bans “Pay-If-Paid” Clauses In Construction Contracts 

Recently passed legislation in Virginia is likely to dramatically change contractual relationships between prime contractors and subcontractors in the Commonwealth. 

Not So Fast, My Friend: Pacing and Concurrent Delay

By: William E. Underwood Partner, Jones Walker LLP. When critical path activities are delayed by the owner (or another party), contractors will sometimes “pace,” or slow down, other activities to…

Overview Comparison Between AIA v. ConsensusDOCS Contracts

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Overview of the ConsensusDocs® 900 Public-Private Partnership (P3) Agreement and General Conditions

By: Jason Ebe, Partner at Snell & Wilmer LLP Many of our readers are aware of the ConsensusDocs family of construction industry contract templates from prior articles in this newsletter as…

Owner’s Builder’s Risk Insurance: Are you an insured?

Contractors that have experience with claims under a project owner’s builder’s risk insurance policy will appreciate that it is not only important that your work is covered but also that…

Owner’s Rep. Liability: Construction Managers Not-At-Risk and Architects Performing a Contract Administration Role Are Not Invulnerable to Third Parties

As the name suggests, an owner’s representative or construction manager not-at-risk (CM) on a construction site is an extension of the owner who ensures that the project meets the owner’s…

Pass-Through Subcontractor Claims, Liquidating Agreements, and Avoiding a Two-Front War

By: Bradley Sands Associate, Jones Walker LLP. Subcontractor claims happen.  When those subcontractor claims are prompted by owner actions or responsibilities, the general contractor must always be vigilant to plan…

Pay-if-Paid Prohibition Expands: Will Other States Follow?

By:  Joshua E. Holt Associate, Shoshana E. Rothman Partner, and Lauren P. McLaughlin Partner,  Smith, Currie & Hancock LLP. Virginia has long been known as a state where “contract is…

Pay-When-Paid: What is a reasonable amount of time to withhold payments to a subcontractor?

By: Brent Laman, Associate, Smith, Currie & Hancock LLP. In an early Rolling Stones classic, Mick Jagger sang, “Ti-i-i-ime is on my side. ”The refrain to that hit melody “yes it…