Category Archives: Mechanic’s Liens

Private Project Payment Bonds and Pay if Paid in Virginia

One of the many items of construction law that has always been about as clear as mud has been the interaction between a contractual pay if paid clause and payment bond claims either under the Federal Miller Act or Virginia’s “Little Miller Act.” While properly drafted contractual “pay if paid” clauses are enforceable by their…

Mechanic’s Liens and Legislative Sausage

Originally posted 2012-03-05 09:00:56. Republished by Blog Post PromoterOver the past week or two I’ve been covering HB 1265, a bill that was working its way through the Virginia General Assembly legislative sausage making process. I gave you my thoughts on the original bill as written and then on the somewhat better (though far from…

What Contractors Can Learn from Smurfit and Quimonda

Originally posted 2009-05-11 09:00:00. Republished by Blog Post PromoterImage via Wikipedia It will come as no shock to you that the economy has put a hit on the construction industry. Left and right we hear about developers and contractors hitting the skids, both through bankruptcy and otherwise. Personally, I take the view that the construction…

What Can You Do with a Mechanic’s Lien Mid Project?

A couple of weeks ago, I discussed what steps you, as an owner of a construction project in Virginia, could take should you receive a mechanic’s lien notice after a project was complete. However, this is not the only time such a lien may be recorded. Particularly on a commercial construction project that spans months,…

Just When You Thought General Contractors Were Necessary Parties. . .

Originally posted 2014-12-08 09:00:09. Republished by Blog Post PromoterDid you think that a subcontractor had to name a general contractor in a mechanic’s lien suit? I did. Did you think that nothing about this changed in the case where a Virginia mechanic’s lien was “bonded off” pursuant to Va. Code Section 43-71? I did. Well,…