Virginia State Bar

An agency of the Supreme Court of Virginia

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Construction Law & Public Contracts

A Section of the Virginia State Bar.

Index of Virginia Lawyer Articles on Construction Law & Public Contracts

Vol. 68/No. 1 June 2019

Construction Law and Public Contracts Section
by J. Barrett Lucy, section chair

Delivering Infrastructure Better, Faster and Cheaper: Lessons in Shifting Risk and Reducing Life-Cycle Cost for the Public Owner
by Charles V. McPhillips

Teaming Agreements in Virginia: Are They Enforceable?
by Jack Rephan

Protecting Payments on Construction Projects from Bankruptcy Estate Claw-Backs
by Karen Stemland

Vol. 66/No. 5

February 2018

Construction and Public Contracts Law
by Christopher S. Boynton

Defending Payment Bond Claims — What Is To Be Done?
by Scott W. Kowalski and Mark A. Burgin

A Decade in the Making: The 2017 Revamp of the AIA’s Construction Contract Documents
by Stephen K. Pudner

“Time Is Money”: Preserving Delay Claims in Virginia State Contracts
by Jacob P. Stroman

Vol. 65/No. 4

December 2016

Construction and Public Contracts Law
by Jennifer A. Mahar

Individual Accountability and Corporate Cooperation — a Year in Review
by Dawn L. Merkle

Good Law, Smart Business, and Sound Public Policy: Strict Compliance with Notice Provisions in Virginia Public Construction Contracts
by Rodolfo R. “Rudy” Remigio

Changes to Differing Site Conditions Clause in VDOT Construction Contracts Specifications
by James Germano

Vol. 64/No. 4

December 2015

Construction and Public Contracts
by Shannon J. Briglia

The Effective Use of Jury Instructions in Construction Cases
by Kristan B. Burch

The Fate of Cumulative Impact Claims on Public Works Contracts in Virginia 
by Shiva S. Hamidinia

The Elusive Permissibility of Pass-Through Claims in Virginia
by Melisa A. Roy

Vol. 63/No. 4

December 2014

Construction Law in Virginia
by Michael A. Branca

Resolving Complex Construction Disputes
by Leslie M. Alden, Andrew W. Stephenson, and Shannon J. Briglia

Searching for Substantial Similarity between Architectural Works in the Fourth Circuit
by Sean M. Golden and J. Brandon Sieg

Obtaining Green Certification for Existing Buildings in Virginia
by Robert E. Travers IV and Kelley C. Holland

Answering the Questions about Job Order Contracting
by Mathew A. Taylor

Vol. 61/No. 7

February 2013

Some Practical Information on Construction Law
by K. Brett Marston

A View from the Other Side of a Construction Case Proceeding
by Judges Stanley P. Klein (Ret.) and Arthur B. Vieregg (Ret.)

When Construction and Bankruptcy Converge
by David W. Lannetti

Managing e-Discovery in the Information Age: Practical Tips for Lawyers and Clients
by Monica McCarroll and Stephen G. Test

The Patent Ambiguity Doctrine: Clarifying the Duty to Inquire
by Randall H. Wintory

Vol. 59/No. 7

February 2011

Knowledge Is Power: A Review of the American Arbitration Association’s Rules for Construction Disputes
by Kristan B. Burch

Vol. 59/No. 3

October 2010

Construction Law and Public Contracts
by Todd R. Metz and Gregory T. St. Ours

Has Chinese Drywall Affected the Economic Loss Rule?
by Kristan B. Burch

An Assault on the Spearin Doctrine: How AIA A201-2007 Shifts the Risks for Design Defects to the Contractor
by Nancy W. Greenwald

Key Points to Consider in Filing and Challenging a Mechanic’s Lien
by K. Brett Marston and Spencer M. Wiegard

The Economic-Loss and Source-of-Duty Rules and the Wall between Tort and Contract in Virginia
by Edward E. “Ned” Nicholas III and Sean M. Golden

Vol. 57/No. 3

October 2008

Construction Law and Public Contracts
by R. Webb Moore

Fraud Initiatives that Impact the Construction Industry
by Michael A. Branca

A Contractor’s License: Who Needs One and Why
by Kristan B. Burch

As Green Building Moves Forward, Claims and Disputes Will Follow
by Todd R. Metz and Christopher W. Cheatham

Can an Unlicensed Contractor Recover Damages under Virginia Law?
by Courtney Moates Paulk

Vol. 55/No. 3

October 2006

Legal Issues and Risk Allocation in Design-Build
by Jack Rephan

No Rest for the Weary: Bid Protests in Virginia
by Jonathan D. Shaffer and David S. Stern

Deal Or No Deal? Clarifying Gray Areas in Construction Contracting
by K. Brett Marston and J. Barrett Lucy

Cost-Plus Contracts: Fair Deal or License to Steal?
by Randall H. Wintory

Vol. 51/No. 7

February 2003

Construction Law in the Twenty-first Century: A Unique Challenge
by Jack Rephan

Implied Indemnity in Virginia and Its Application to Claims for Economic Damages
by Jack Rephan

Contractors and Sureties Beware! Sarbanes-Oxley Will Affect You, Too
by Daniel E. Toomey and Tamara M. McNulty

An Analysis of Virginia. Code § 43-11, as Amended: An Old Law that is Still Good Law
by Randall H. Wintory

Increased Federal Government Spending Brings Greater Scrutiny of Government Contract Ethics
by Thomas R. Folk and Patricia H. Wittie

Vol. 48/No. 3

October 1999

Y2K Liability in Virginia Construction and Public Contracting
by Thomas R. Folk

Why All of Your Construction Clients Need to Worry About the Americans with Disabilities Act
by Timothy R. Hughes

Determining Enforceability of Liquidated Damages: A Prospective of Retrospective Analysis?
by William R. Mauck, Jr.

Application of the Doctrine of Constructive Fraud in Construction Litigation
by John S. Norris, Jr.

Notice of Claim Requirements Under the Virginia Public Procurement Act: Owner’s Friend--Contractor’s Nightmare
by Robert K. Richardson

Vol. 45/No. 5

December 1996

The Kenbridge Defense: Offsite Improvements and Mechanic’s Liens
by James R. Hart

The “Pay-When-Paid” Clause in Virginia Construction Contracts
by R. Webb Moore and Raelenne S. Jensen

Copyright Infringement: Traps for the Unwary
by Timothy R. Hughes and James F. Lee, Jr.

Vol. 44/No. 2

October 1995

The Expert Witness & The Building Failure Case
by William L. Thurston and Mark F. Williams

Intentional Tort Liability and The Economic Loss Rule
by Stan Barnhill

Contractor Versus Design Professional: Who’s Responsible?
by Timothy R. Hughes

The Bid Protest in Virginia: A Primer
by Thomas R. Folk and Steven W. Pearson

Partnering: An Emerging Concept in Construction Management
by Bruce Titus, Christine McAnney, Michael Ciatti

Vol. 42/No. 3

September 1993

Developments in Dispute Resolution Procedures for Local Government Procurement
by Jeffrey G. Gilmore

Superfund and the Construction Industry
by George B. Wickham

The Reinecke Problem: Timeliness of Open Account Mechanic’s Liens
by James R. Hart

Certificates of Merit
by Bruce E. Titus and Christine M. McAnney

Vol. 41/No. 7

January 1993

Due Process and Mechanic’s Liens
by James R. Hart

Does Virginia’s Statute of Repose Apply to Contract Claims?
by D. Stan Barnhill

Contracting with Virginia Public Bodies
by Thomas R. Folk

Construction Projects for Local Governments
by Daniel J. Kraftson and Michael W. Robinson

Vol. 40/No. 3

September 1991

Virginia Mechanic’s Lien Statute: Needed Improvements to Make it Work
by Thomas M. Wolf

Perfection of Mechanic’s Lien Rights Under Section 43-3(B), Va. Code Ann.
by Robert K. Richardson

Blanket Mechanic’s Liens in Virginia, Post-Addington-Beaman: Practical Considerations for Subcontractors and Suppliers
by James R. Hart

Payment and Performance Bonds by Bradfute W. Davenport, Jr.
Making Sense of Sensenbrenner

by Richard E. Dixon