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Virginia Amends VPPA to Permit Contractors to Claim Extra Work in Excess of Statutory Cap
April 11th, 2015
To the benefit of public works contractors throughout the Commonwealth of Virginia, Governor McAuliffe recently approved HB 1628, amending Section 2.2-4309 of the Virginia Public Procurement Act (“VPPA”) effective July 1, 2015.
The amendment is…
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Categories: Legal Updates
Fourth Circuit Holds That Contractor's Guaranty to Pay Subcontractor Does Not Create Third-Party Beneficiary Relationship With Supplier
January 1st, 2015
We have previously written about the difficulty faced by subcontractors and suppliers when asserting third-party beneficiary claims against owners or general contractors (click here). A recent decision by the U.S. Court of Appeals for the Fourth Cir…
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Categories: Legal Updates
Shoshana E. Rothman Has Been Named Of Counsel to BrigliaMcLaughlin
December 31st, 2014
BrigliaMcLaughlin, PLLC, a nationally recognized construction law firm based in Tysons Corner, Virginia, is pleased to announce that Shoshana E. Rothman has been named Of Counsel to th…
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Categories: Firm News
Virginia Supreme Court Rules that Parties With a Pecuniary Interest Are Necessary to a Suit to Enforce a Mechanic's Lien
November 17th, 2014
Late last month, the Virginia Supreme Court cleared up any ambiguity regarding who must be named in a lawsuit to enforce a mechanic’s lien. In Sychronized Construction Services, Inc. v. Prav Lodging, LLC, 2014 WL 5490663 (Va. Sup. Ct. Oct. 31, 2…
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Categories: Legal Updates
Anti-Indemnification Statute Held Inapplicable to Construction Equipment Rental Agreements
September 8th, 2014
This August, the U.S. District Court for the Western District of Virginia considered whether Virginia’s anti-indemnification statute, which voids certain indemnification provisions in construction contracts, applies to rental equipment contracts.
I…
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Categories: Legal Updates
One-Sided Arbitration Clause in Construction Contract Held Unenforceable by Maryland Federal Court
July 22nd, 2014
This last month, the U.S. District Court for the District of Maryland considered the question of whether a “one-sided” arbitration clause is enforceable in a construction contract. As many readers know, these kinds of clauses grant only one contr…
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Categories: Legal Updates
Unlicensed Contractors Can Maintain Suit Against Miller Act Payment Bond Despite State Laws to the Contrary
May 23rd, 2014
Many jurisdictions, including California, Florida, Virginia, and Arizona, prohibit or limit an unlicensed contractor’s ability to maintain a lawsuit or enforce a contract in relation to a construction project.
Furthermore, the impact of laws barrin…
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Categories: Legal Updates
BrigliaMcLaughlin Obtains Award for Banking Client at Trial
May 22nd, 2014
In March 2014, lead counsel Shoshana E. Rothman tried a case on behalf of a national banking client on a defaulted promissory note in the Arlington County Circuit Court. Following trial and post-trial briefing on the enforceability of a negotiable in…
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Categories: Firm News
Shannon J. Briglia Co-Authors Section of ABA Tort Trial & Insurance Practice Law Journal
April 24th, 2014
Shannon J. Briglia co-authored “Recent Developments in Fidelity and Surety Law” in the ABA Tort Trial & Insurance Practice Law Journal, Vol. 49, Issue 1 (Fall 2013).
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Categories: Firm News
Robert J. Dietz Co-Authors Chapter of “Construction Subcontracting"
April 24th, 2014
Robert J. Dietz recently co-authored a chapter of the new ABA Forum on the Construction Industry book titled “Construction Subcontracting: A Comprehensive Practical and Legal Guide.” The book brings together a team of experienced attorneys to exa…
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Categories: Firm News