News
New statute has power to nullify lien waivers in Virginia
Posted on July 1, 2015
Posted in Updates
Effective July 1, 2015, any provision of a construction contract or lien waiver that “waives or diminishes” the payment bond or mechanic’s lien rights of a subcontractor, lower-tier subcontractor or material supplier before services are rendered is “null and void” in Virginia. The new language in Va. Code § 11-4.1:1 and Va. Code § 43-3 […]
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Contractor’s failure to provide project accounting leads to criminal conviction under Va. Code § 43-13
Posted on June 11, 2015
Posted in Updates
Violation of Va. Code § 43-13 leads to criminal, not civil, liability. Under § 43-13, when a contractor receives money from an owner to pay subcontractors, he cannot use the money for any other purpose. In Holloway v. Commonwealth, owners paid a contractor $422,000 towards a new home, but after five suppliers and subcontractors went […]
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Western District of Virginia narrowly construes Virginia’s anti-indemnification statute
Posted on June 11, 2015
Posted in Updates
Rental companies may now rest easier in indemnity cases in Virginia. In RSC Equipment Rental v. Cincinnati Ins. Co., the Western District of Virginia denied a general contractor’s motion to dismiss where the contractor sought to avoid indemnifying a forklift supplier by invalidating its indemnity clause. Under Va. Code § 11-4.1, a party in a […]
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Email evidence supports time extension, defeats general contractor’s delay claim
Posted on June 11, 2015
Posted in Updates
Don’t delete a good email. In United States ex rel. Engineered Services v. T.H.R. Enterprises, a subcontractor defeated a general contractor’s delay claim and won its entire contract balance using email evidence to establish an extended completion date. The Eastern District of Virginia federal court held that the subcontract completion date was extended to the […]
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Notice under Virginia’s Little Miller Act must be received by 90-day deadline
Posted on June 11, 2015
Posted in Updates
Notice that is mailed, but not received, by the 90-day deadline in Virginia’s Little Miller Act is untimely under Virginia law, according to a case of first impression in Norfolk Circuit Court. Subcontractors and suppliers asserting a payment bond claim on a public construction project in Virginia are required by statute to give written notice […]
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CWM attorneys, Delphine Carnes and Harriet Reynolds close on transaction to restore historic Masonic Theatre
Posted on April 2, 2015
Posted in Transactions
On April 2, 2015, CWM attorneys, Delphine Carnes and Harriet Reynolds, closed on a transaction to fund the restoration of the historic Masonic Theatre in Clifton Forge, Virginia. CWM represented Virginia Community Capital, the bridge lender in this complex transaction which combined a variety of funding sources, including New Markets Tax Credits, state and federal […]
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Tidewater Community College recognizes Stephanie Hunter for service on Legal Advisory Committee
Posted on February 20, 2015
Posted in Community News
The firm is proud to recognize Stephanie Hunter, Litigation Paralegal, for her contributions to Tidewater Community College for serving as a Program Advisor on the Legal Advisory Committee. Stephanie has served as an advisor for four years which includes assisting in curriculum development for the paralegal degree program, and mentoring students and future paralegals on […]
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CWM attorneys represent Franklin Redevelopment and Housing Authority in rehabilitation of three communities
Posted on February 3, 2015
Posted in Transactions
Delphine Carnes and Harriet Reynolds recently represented Franklin Redevelopment and Housing Authority (“FRHA”) in the rehabilitation of three of its communities, Berkley Court Apartments (“Berkley”), Pretlow Gardens (“Pretlow”) and Old Town Apartments (“Old Town”). This project involved using Low-Income Housing Tax Credits (“LIHTCs”) in conjunction with the Rental Assistance Demonstration (“RAD”) to successfully renovate and […]
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Crenshaw, Ware & Martin attorneys appointed to new board positions.
Posted on January 1, 2015
Posted in Firm Announcements
Elaine Inman Hogan has been appointed to the 2015 Board of Directors for the Hampton Roads Society for Human Resource Management. She will serve on the board as the Director of Legal Affairs. Ms. Hogan chairs the Employment Law Practice Group at Crenshaw, Ware & Martin, P.L.C. She represents employers and management in a wide […]
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Delphine Carnes Speaks at 2014 VAHCDO Legal Seminar
Posted on December 5, 2014
Posted in Articles and Presentations
Delphine Carnes, Chair of the firm’s Project Finance Practice Group, presented “RAD Conversion and Rehabilitation using LIHTC: Key Considerations for PHAs”, at the Virginia Association of Housing and Community Development Officials (“VAHCDO”) 2014 Legal Seminar held in Richmond, Virginia. Click here to view presentation >
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