The Supreme Court of Virginia recently held in a construction case that typical flow-down provisions found in subcontracts are insufficient to pass through to the subcontractor, a general contractor’s waiver of statute-of-limitations rights in the prime contract. The decision begs the question of whether a general contractor’s waiver of other rights in a prime contract by the general contractor will flow through and bind a subcontractor by merely referring to the prime contract and/or […]

Last week, the U.S. Department of Justice (DOJ) reported that developers of six multi-family housing communities in Mississippi agreed to pay $350,000 to resolve claims that they violated the Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA) by building apartment homes that were inaccessible to persons with disabilities. Pursuant to the terms of the agreement, the defendants promised to make any number of retrofits (including eliminating steps, making bathrooms more usable, […]