Thoughts on construction law from Christopher G. Hill, Virginia construction lawyer, LEED AP, mediator, and member of the Virginia Legal Elite in Construction Law

Bond Claims

Miller Act Bond Claims in VirginiaThe Federal Miller Act and the Virginia “Little Miller Act” are great tools that Virginia construction professionals can use on Federal and State construction projects.  Particularly in today’s construction marketplace, construction subcontractors and suppliers are bidding on more government work to which these statutes apply.  Even in an improving construction economy, private bonding is becoming more of the norm.

This page compiles the various Construction Law Musings relating to construction bond claims and other construction surety and bonding issues.  For more, read the posts below or click here if you are on a mobile device for more.

Aarow Equipment v. Travelers- An Update

Originally posted 2015-01-12 09:00:08. Previously here at Musings, I discussed the application of pay if paid clauses and the Miller Act.  The case that prompted the discussion was the Aarow Equipment & Services, Inc. v. Travelers Casualty and Surety Co. case in which the Eastern District of Virginia Federal Court determined that a “pay if

Reminder: Second Tier Subcontractors Have Miller Act Claim

Originally posted 2013-02-11 09:00:06. Here at Construction Law Musings, we often discuss the Federal Miller Act and its Virginia equivalent (the “Little Miller Act“).  These two statutes provide subcontractors on government projects (on which no mechanic’s lien can attach) the protection of payment and performance bonds. One question that often arises in this context is

Is Arbitration Okay Under the Miller Act? It Is if You Don’t Object

Originally posted 2014-10-13 09:15:01. I have discussed both payment bond claims under the Miller Act and alternate dispute resolution (ADR) here at Construction Law Musings on many an occasion.  A question that is sometimes open is what to do when there is contractually mandated arbitration for claims “relating to the contract or the work.” While

Contractor Side Deals Can Waive Rights

Originally posted 2014-04-09 16:16:54. Here at Construction Law Musings, we are quite fond of the Federal Miller Act and it’s Virginia counterpart, the “Little” Miller Act.  Both of these statutes allow a subcontractor or supplier on a government construction project the security to perform their work with the knowledge that a bonding company will back

Maybe Supervising Qualifies as Labor After All

Remember back in 2021 when I “mused” about Dickson v. Fidelity and Deposit Company of Maryland et al.?  Remember how the Eastern District of Virginia held that mere supervision does not qualify as “labor” under the federal Miller Act?  Well, the 4th Circuit recently weighed in on the appeal of that case and had some

Anatomy of a Construction Dispute- A Wrap Up

Originally posted 2015-02-06 09:37:58. Over the past four weeks, I’ve “mused” on the “stages” of a construction dispute.  What started as a kernel of thought in my mind turned into what has seemed to be a popular set of four posts that I hope were both informative and interesting.  Because of the great feedback I’ve

Keep Your Construction Claims Alive in Crazy Economic Times

Originally posted 2020-04-06 09:00:29. Coronavirus is dominating the news.  Construction in Virginia is facing what is at best an uncertain future and at worst a series of large scale shutdowns due to COVID-19.  The number of cases seem to grow almost exponentially on a daily basis while states and the federal government try and patch

My Top Ten Construction Law Musings Posts To Date

Originally posted 2013-02-08 09:00:34. For this week’s Guest Post Friday, we welcome back Josh Johnson (@josh_c_johnson and one of @vaconstrlawyers). Josh is a friend and partner at Gentry Locke Rakes & Moore, LLP in Roanoke, Virginia. He is in Gentry Locke’s construction practice group and he also oversees the firm’s e-Discovery and information management processes.

Discussions of Changes in Virginia Mechanic’s Lien Law at ZLien

Originally posted 2015-06-16 13:00:56. Once again I get to thank Scott Wolfe (@scottwolfejr) over at Zlien for an opportunity to guest post.  This time around it is on the soon to be implemented changes to the Virginia law as it relates to contractual waivers of lien and bond claim rights. Here’s a taste of the