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Public Construction Claims Article

Public Construction Claims: When the “Third Party” Isn’t One

Construction

Allegheny Construction Company, Inc. v. Town of Christiansburg, Virginia, et al., 86 Va. App. 321 (2025). McCormick Taylor, Inc. v. Allegheny Construction Company, Inc., 86 Va. App. 321 (2025). Kleinfelder, Inc., f/k/a Century Eng’g, Inc., d/b/a NXL Constr. v. Allegheny Constr. Co. Inc., 86 Va. App. 321 (2025). A recent decision from the Court of Appeals of Virginia emphasizes legal principles that apply to owners, contractors, and the design and inspection teams who support public projects. It reiterates that project participants working for the same owner—including consultants and their employees—generally can’t be sued for tort claims based on their work […]

Indemnification Article

Is That Indemnification Provision Enforceable? Lessons From Fifteen Years of Case Law Applying Va. Code § 11-4.1

Construction

Article originally featured in the Virginia Lawyer, Vol. 74 No. 5 published by the Virginia State Bar. It’s Wednesday night, and like most lawyers (perhaps a slight exaggeration), you and your esteemed colleagues are deep in a game of construction law jeopardy. Amid the fervor of the room, and noticing you are only slightly behind the leader, you select your next category—“Contract Terms” for $800. Your friend and moderator, channeling his best Alex Trebek, reads the statement, “a duty to make good any loss, damage, or liability incurred by another.”[1] The familiar melancholic tune begins to play, but it doesn’t […]

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