Category Archives: Contracts

2011 Year End Construction Law Musings and Reflections

Wow! Another year has passed and 2012 is just about upon us!  I hope all of you had a great year and I look forward to a wonderful 2012 here at Musings. As I sit here reflecting (or “Musing”) this day after Christmas, I am amazed at how quickly the first full calendar year of…

Always Get Your Change Orders in Writing

I have discussed the necessity of following your well drafted contract documents and obtaining written change orders on numerous occasions here at Construction Law Musings.  Recently, the U. S. District Court for the Eastern District of Virginia in Richmond, VA gave a strong reminder regarding these two business practices for contractors. In Carolina Conduit Systems Inc….

The Occasional Gap Between “Truth” and “Proof”

Originally posted 2011-08-15 09:00:14. Republished by Blog Post Promoter You hear about burden of proof a lot in criminal cases.  We hear it on TV and in the news on a regular basis.  We hear it so often that it can be easy to forget that proof is a part of every dispute and/or trial,…

Another Reason to be Careful Before Walking

We have discussed issues that may arise in the context of a residential construction project.  Because most homeowners are not sophisticated in the ways of construction (and really shouldn’t be) expectations are key and keeping your nose clean as a contractor is key.  Courts in some instances will lean toward the party that they deem…

Aarow Equipment v. Travelers- An Update

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 paid” clause coupled with…

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