Construction Change Order: Friend or Foe

The dreaded Change Order or CO is almost unavoidable on most projects. COs commonly result because of things such as inaccurate specifications, ambiguous or inaccurate drawings, unforeseen conditions at a job site, issues with construction materials, faulty budgets or schedules,… Read more

January 23, 2020 | Construction

Mixed Economic News from the Construction Industry

By George M. Nicholos

Navigating mixed signals in the construction industry; the AIA’s Architecture Billings Index through September 2019 indicates generally flat but encouraging business conditions. Dated — No. Important — Yes. Why? The Architecture Billings Index (ABI) is a composite index derived from… Read more

November 25, 2019 | Construction

Commercial General Liability Policies: Workmanship Exclusion and Ensuing Loss Exception

By Karen M. Stemland

In Taja Invs. LLC v. Peerless Ins. Co., the district court for the Eastern District of Virginia considered the scope of the workmanship exclusion in a commercial general liability (CGL) policy (the “Policy”). The case assessed whether there would be… Read more

October 16, 2019 | Construction

Defective Contractual Performance Is Not an “Occurrence” Under a Commercial General Liability Policy

By Karen M. Stemland

In Lumbermens Mut. Ins. Co. v. Timber Treatment Techs., LLC (TTT), the District Court for the Eastern District of Virginia considered whether the allegations constituted an “occurrence” under TTT’s commercial general liability (CGL) policy (the “Policy”). The insuring agreement of… Read more

August 23, 2019 | Construction | General Commercial

Supporting Your Position: Progress and Issue Documentation is Time Well Spent

By Neil S. Lowenstein

Throughout the progression of construction, various things occur that may impact the time or cost of the work. Often, you are aware of those things when they occur; but other times not until later. If you have, and – just… Read more

August 14, 2019 | Construction

Unintended Consequences With Modern Day Construction Documents — Typically, “The Devil is in the Details”

By George M. Nicholos

Whether this well-known proverb is attributed to French Novelist Gustave Flaubert or Modernist Architect Mies van der Rohe, the meaning is likely the same; costly mistakes usually originate in the details of a project. Faced with shrinking design budgets, one… Read more

July 20, 2019 | Construction

Economic Loss Rule Update

By Karen M. Stemland

Recent caselaw highlights the limitations on an owner’s ability to sue a subcontractor for negligence to recover economic losses. For example, in Allstate Ins. Co. v. Structures Design/Build LLC, a subrogee of an owner sued the contractor and subcontractor. In… Read more

July 2, 2019 | Construction

To Indemnify, Hold Harmless and Defend; Frequently Used and Frequently Misunderstood Contract Terms — Let’s Review

By George M. Nicholos

Contract terms addressing indemnity and requirements to hold another harmless or responsible for the defense of another are contract terms that appear in virtually all construction contracts. Despite their almost universal incorporation, they are frequently misunderstood! Everyday business decisions are… Read more

June 4, 2019 | Construction | Construction Defect | Corporate & Business Transactions

Richmond Attorney’s Selected for Inclusion on the 2019 Virginia Super Lawyers List

Vandeventer Black attorney was selected to be included on the 2019 Virginia Super Lawyers list by Thompson Reuters. This renowned rating service considers attorneys from over 70 different practice areas that are nominated based on professional accomplishments and peer recognition.… Read more

April 29, 2019 | News

Vandeventer Black Attorney’s Selected for Inclusion to the 2019 Virginia Super Lawyers List

Vandeventer Black attorneys were selected to be included on the 2019 Virginia Super Lawyers list by Thompson Reuters. This renowned rating service considers attorneys from over 70 different practice areas that are nominated based on professional accomplishments and peer recognition.… Read more

April 26, 2019 | News

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