James R. Harvey

Office Location: Norfolk, VA.

Education
  • B.A., University of Virginia
  • J.D., Marshall-Wythe School of Law, College of William & Mary (Executive Editorial Board, William & Mary Law Review)
Jurisdiction Licensed
  • Virginia
  • Maryland
Professional & Community Activities
  • Associated General Contractors of Virginia, General Counsel
  • Norfolk Board of Zoning Appeals, past Chair
  • Virginia Bar Association – Section on Construction & Public Contracts, past Chair
  • Norfolk & Portsmouth Bar Association, President & Board of Directors
  • Norfolk & Portsmouth Bar Association Foundation, Secretary
  • CIVIC Leadership Institute
  • American Bar Association, Forum on the Construction Industry
Notable Accomplishments
  • Martindale-Hubbell® AV Preeminent® Peer Review Rating
  • Listed in Best Lawyers in America®: Construction Law (2013-present)
  • Listed in Best Lawyers in America® as “Lawyer of the Year” – Construction Law, Norfolk (2020)
  • Thompson Reuters,”Virginia Super Lawyers” (2007-present)
  • Virginia’s Legal Elite, Construction Law (2005-present)
  • CIVIC Hampton Roads Graduate
  • NPBA Walter E. Hoffman Community Service Award Recipient
  • Hampton Roads’ Top 40 under 40
  • Coastal Virginia Magazine, “Top Lawyers” – Construction (2016-present)

Jim Harvey is a partner in Vandeventer Black’s Norfolk office with a wide range of experience in construction, construction defect, surety, government contracts, land use, permitting, property damage, business and corporate disputes. He regularly appears in state and federal court as well as various arbitration panels representing the needs of contractors, subcontractors, suppliers, owners, developers, engineers, architects, insurers or sureties and their agents. Jim makes it a point to thoroughly understand his client’s business so that he can assist in the development, negotiation, and review of contracts, and when necessary, resolve any disputes in the most efficient manner possible. Many of Jim’s engagements involve projects of local, regional and even international importance, and he is able to use these experiences to help clients with every new problem.

Jim serves as legal counsel to both the Associated General Contractors of Virginia and the Virginia Transportation Construction Alliance, using his knowledge of the construction law to help advance the industry throughout Virginia.

Jim is a member of the firm’s Executive Board responsible for the governance and operations of Vandeventer Black and also serves on numerous municipal, professional and civic boards and committees.  He is the former Chair of the Norfolk Board of Zoning Appeals, is the past-president of the Norfolk & Portsmouth Bar Association as well as it’s foundation, and a past chair of the Virginia Bar Association’s Construction and Public Contracts Section.  Jim is the 2004 recipient of the Norfolk & Portsmouth Bar Association’s prestigious Walter E. Hoffman Community Service Award.  Jim’s also a past chairman of the Board of Directors for Tidewater Aquatic Club.

He served on active duty as a U.S. Army Officer from 1989 to 1993 and in the Virginia National Guard from 1994-1996. Jim enjoys biking, hiking or being outdoors with his dogs and family when not at work.

Representative Matters
  • Represented companies in national and international construction and financing disputes exceeding $100 million.
  • Represented general contractors in recovery from specialty trade and suppliers for incomplete work and defective products, and in defense of owner claims of defective construction.
  • Represented international bridge contractor regarding complex foundation claims.
  • Recovered amounts due to a diving services contractor for Post-Katrina work performed on a casino.
  • Represented owners and contractors on insurance claims for defective products and work.
  • Successfully navigated landowners with local land use, zoning and permit issues.
  • Successfully represents contractors, sureties, and claims on Miller Act and Little Miller Act Payment, and performance bond suits.
  • Successfully resolved Design-Build road builder claims with Virginia Department of Transportation.
  • Represented energy development companies and contractors on natural gas, ethanol, and solar facilities.
  • Successfully recovered for contractor in disruption and acceleration claims relating to alternative energy project in Virginia.
  • Successfully resolved corporate disputes involving business and trade secret violations.
  • Successfully resolved corporate disputes regarding franchise and financing agreements.
  • Negotiated public-private comprehensive agreements with Virginia municipalities.
  • Won a jury trial including attorneys fees and interest for a contractor against an engineering inspection firm in a complex bridge defect case.
  • Obtained summary judgment for franchisee in a dispute with a nationally known franchisor.
  • Successfully resolved claims with local municipality and subcontractor on a notable local bridge replacement project.
  • Successfully resolved claims resulting from a construction collapse of an industrial facility.
  • Successfully resolved claims resulting from large industrial fire in port storage facility.
  • Prevailed in arbitration representing general contractor in dispute with steel erection subcontractor.
  • Successfully arbitrated disruption and acceleration claims in construction of solar facility.
News
Joint Check Agreement Causes Big Trouble in Virginia
/ Government Contracts
Many general contractors manage the risk of a subcontractor’s financial instability by issuing joint checks to the subcontractor and its suppliers on a project. These arrangements are usually governed by a separate agreement that sets forth the roles and rights of the parties, and limits the general contractor’s liability to ...
Read More
Payments Due Subcontractors and Suppliers in Virginia
/ Construction
Virginia’s law on the payment of subcontractors and suppliers just got some muscles. For years, Virginia had a statute that made it a crime for any contractor or subcontractor “with the intent to defraud” to retain or use funds for any purpose other than to pay persons performing labor or ...
Read More
Construction and Virginia’s New Wage Laws
/ Construction
Of the record number of new laws in Virginia, a trio of wage laws will arguably have the biggest impact on contractors changing the way the construction companies operate in Virginia. Virginia statutes on non-payment of wages, worker misclassification and wage theft all create new administrative penalties and private rights ...
Read More
Articles
Joint Check Agreement Causes Big Trouble in Virginia
/ Government Contracts
Many general contractors manage the risk of a subcontractor’s financial instability by issuing joint checks to the subcontractor and its suppliers on a project. These arrangements are usually governed by a separate agreement that sets forth the roles and rights of the parties, and limits the general contractor’s liability to ...
Read More
Payments Due Subcontractors and Suppliers in Virginia
/ Construction
Virginia’s law on the payment of subcontractors and suppliers just got some muscles. For years, Virginia had a statute that made it a crime for any contractor or subcontractor “with the intent to defraud” to retain or use funds for any purpose other than to pay persons performing labor or ...
Read More
Construction and Virginia’s New Wage Laws
/ Construction
Of the record number of new laws in Virginia, a trio of wage laws will arguably have the biggest impact on contractors changing the way the construction companies operate in Virginia. Virginia statutes on non-payment of wages, worker misclassification and wage theft all create new administrative penalties and private rights ...
Read More
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