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Category Archives: Construction Law

Enforceability of “No Damages for Delay” Contracts in West Virginia

Many construction agreements prevent contractors from seeking damages associated with unexpected delays in the project. Even when the contractors bear no responsibility for the setback, they can be forced to extend the job without any extra compensation. These “no damages for delay” clauses put pressure on contractors to finish in a timely fashion, but some […]

What You Should Know about Construction Liens in West Virginia

Construction projects can run into problems for various reasons. Financing may fall through, there may be a dispute about the terms of the contract, or the property owner may be dissatisfied with a contractor or subcontractor’s performance. Regardless of the cause, such problems typically result in someone who has invested labor and/or materials in the […]

Avoid Construction Defects Claims by Following the Correct Procedures

In Kentucky and West Virginia, as in many other states, the legislature has set out a specific procedure that contractors must follow to manage disputes and reduce construction defects claims, even where insurance coverage may otherwise cover the costs. The relevant process is set out in West Virginia code 21 and Kentucky Revised Statutes code […]

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