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BrigliaMcLaughlin Obtains Arbitration Award in Favor of Contractor Client
December 12th, 2018
Lead counsel Shoshana E. Rothman successfully obtained an arbitration award in favor of a mechanical contractor client for its unpaid contract balance and change orders following an evidentiary hearing before the American Arbitration Association. T…
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Categories: Firm News
BrigliaMcLaughlin Procures Dismissal of Bad Faith Claim Against a Surety
September 10th, 2018
In recent litigation by a payment bond claimant, BrigliaMcLaughlin successfully procured the dismissal of a payment bond claimant’s bad faith claims against a surety. In the case W…
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Categories: Firm News
Virginia Enforces a Subcontract's One-Way Arbitration Clause
August 30th, 2018
In our practice we see many subcontracts that include a one-way arbitration clause – a provision which permits one party, usually the general contractor, to decide whether a dispute will be arbitrated or litigated in court. The subcontractor must…
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Categories: Legal Updates
Shannon J. Briglia and Lauren P. McLaughlin selected as Best Construction Lawyers by the 2019 edition of Best Lawyers in America
August 30th, 2018
The 2019 edition of The Best Lawyers in America® has recognized Shannon J. Briglia and Lauren P. McLaughlin as the Best Construction Lawyers.
The Best Lawyers in America® was first published in 1983 and for more than three decades has earned the re…
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Categories: Firm News
Subcontractor’s Insurer Does Not Need to Indemnify its Insured for Subsequent Actions
June 18th, 2018
Essex Insurance Co. v. Y&J Construction, Inc., No. 1:15-CV-1597, 2016 WL 8254921, at *1 (E.D. Va. Dec. 30, 2016)
The disputes in this case arose from an insurance coverage dispute from property damage caused by a fire that occurred during a const…
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Categories: Legal Updates
Court Enforces Settlement Agreement on Construction Project Dispute
June 18th, 2018
Construction Development Services, Inc. v. Modern Environments, Inc., No. 160240, 2016 WL 7319548, at *1 (Va. Dec. 15, 2016)
In this case, subcontractor Modern Environments, Inc. (“Modern”) was hired to design and install furnishings by general…
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Categories: Legal Updates
Contractors May Need to Comply with Virginia Consumer Protection Act
June 18th, 2018
Interbuild, Inc. v. Sayres, 94 Va. Cir. 261 2016 Va. Cir. LEXIS 168, *13 (Va. Cir. Ct. Sept. 8, 2016).
Interbuild, Inc., t/a Fuog/Interbuild (“Fuog”) and the Sayres executed a contract in which Fuog was to build a barnlike recreational facility o…
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Categories: Legal Updates
Payment Bond Surety Cannot Use Payment Milestone to Avoid Liability on Miller Act Claim
June 18th, 2018
United States ex rel. VT Milcom, Inc. v. PAT USA, Inc., Civil Action No. 5:16-cv-00007, 2017 U.S. Dist. LEXIS 109572, at *20 (W.D. Va. July 14, 2017).
The disputes in this case stem from a United States Army Corps of Engineers (“USACE”) award to…
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Categories: Legal Updates
Court Resolves Conflicting Provisions in Term Sheets – Specific Trumps General
June 18th, 2018
W.C. English, Inc. v. Rummel, Klepper & Kahl, LLP, No. 6:17-CV-00018, 2017 U.S. Dist. LEXIS 74021, at *10-11 (W.D. Va. May 16, 2017).
The disputes in this case arose from a construction project involving improvements to Interstate 81 in Rockbridg…
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Categories: Legal Updates
Robert J. Dietz and Lauren P. McLaughlin Presented at ABA Forum on Construction Law Mid-Winter Meeting
January 26th, 2018
Robert J. Dietz and Lauren P. McLaughlin recently presented at the ABA Forum on Construction Law Mid-Winter Meeting. The Meeting, which focused on issues relating to subcontractors and suppliers, was attended by over 400 attorneys from across the nat…
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Categories: Firm News