Jackson Kelly PLLC

Construction Bulletin


West Virginia Supreme Court Upholds State’s Right to Work Law

On April 21, 2020, the Supreme Court of Appeals of West Virginia upheld the constitutionality of West Virginia’s Right to Work law and reversed a circuit court decision that found otherwise. The Court has remanded the case to the circuit court with directions to enter summary judgment in favor of the State of West Virginia. The entire decision can be found here.

In 2016, the West Virginia…

Kentucky’s Independent Duty Rule

On April 2, 2020, the Sixth Circuit Court of Appeals affirmed the dismissal of negligence and trespass claims a property owner asserted against a subcontractor (and Jackson Kelly client) hired to install a gas pipeline and to restore the property disturbed by the pipeline construction. The property owner claimed that the subcontractor blew wood chips into the woods on her property without her…

ConsensusDocs Offers Free Webinar on New Master Subcontract Documents

Last week, ConsensusDocs released their new “master” subcontract agreement, along with a corresponding form “work order.” Generally, such master agreements allow contractors to negotiate legal terms in advance and then deal with project-specific terms in individual work orders. General terms like indemnification or dispute resolution, for example, can be negotiated and drafted up front.…

"Walking in a Winter Wonderland" - Freezing Weather - Are You Protected?

“The coldest weather in a generation.” CBS Evening News (January 30, 2019)i. It is said that the only things in life that are certain are death and taxes – but if you are a construction contractor, or an owner with a tight completion schedule, add to that “bad weather.”

However, cold temperatures and other severe, bad weather do not necessarily entitle the contractor to a time extension.  What’s in…


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