Comments on: Contractor Side Deals Can Waive Rights http://constructionlawva.com/contractor-side-deals-can-waive-rights/ Thoughts on the construction landscape from Christopher G. Hill, Virginia construction lawyer, LEED AP and member of the Virginia Legal Elite in Construction Law Mon, 06 Feb 2012 20:08:35 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Aarow Equipment v. Travelers- An Update http://constructionlawva.com/contractor-side-deals-can-waive-rights/comment-page-1/#comment-5410 Aarow Equipment v. Travelers- An Update Mon, 28 Nov 2011 21:04:08 +0000 http://constructionlawva.com/contractor-side-deals-can-waive-rights/#comment-5410 [...] Contractor Side Deals Can Waive Rights [...] [...] Contractor Side Deals Can Waive Rights [...]

]]> By: Contractor Side Deals Can Waive Rights – the impact of engineering http://constructionlawva.com/contractor-side-deals-can-waive-rights/comment-page-1/#comment-3113 Contractor Side Deals Can Waive Rights – the impact of engineering Thu, 29 Jul 2010 18:56:48 +0000 http://constructionlawva.com/contractor-side-deals-can-waive-rights/#comment-3113 [...] Construction Law Musings- Richmond, VA [...] [...] Construction Law Musings- Richmond, VA [...]

]]> By: Miller Act Bond Claims Subject to “Pay If Paid”. . . Sometimes | Construction Law Musings- Richmond, VA http://constructionlawva.com/contractor-side-deals-can-waive-rights/comment-page-1/#comment-2878 Miller Act Bond Claims Subject to “Pay If Paid”. . . Sometimes | Construction Law Musings- Richmond, VA Mon, 07 Jun 2010 19:41:21 +0000 http://constructionlawva.com/contractor-side-deals-can-waive-rights/#comment-2878 [...] In sum, the careful reading of your construction documents and the advice of a construction lawyer before making a big decision like leaving a job site can go a long way toward a successful collection action under the Miller Act. [...] [...] In sum, the careful reading of your construction documents and the advice of a construction lawyer before making a big decision like leaving a job site can go a long way toward a successful collection action under the Miller Act. [...]

]]> By: Christopher G. Hill http://constructionlawva.com/contractor-side-deals-can-waive-rights/comment-page-1/#comment-2468 Christopher G. Hill Thu, 25 Mar 2010 12:12:58 +0000 http://constructionlawva.com/contractor-side-deals-can-waive-rights/#comment-2468 Thanks for the comment Ron. I think that, as much as anything, the Court did not like the deal being kept from the surety. While "unclean hands" did not come up explicitly, I think your analysis is spot on. .-= Christopher G. Hill´s last blog post ..<a href="http://constructionlawva.com/green-building-and-jazz-what-could-be-better/" rel="nofollow">Green Building and Jazz- What Could be Better?</a> =-. Thanks for the comment Ron. I think that, as much as anything, the Court did not like the deal being kept from the surety. While “unclean hands” did not come up explicitly, I think your analysis is spot on.
.-= Christopher G. Hill´s last blog post ..Green Building and Jazz- What Could be Better? =-.

]]> By: Tweets that mention Contractor Side Deals Can Waive Miller Act Rights | Construction Law Musings- Richmond, VA -- Topsy.com http://constructionlawva.com/contractor-side-deals-can-waive-rights/comment-page-1/#comment-2467 Tweets that mention Contractor Side Deals Can Waive Miller Act Rights | Construction Law Musings- Richmond, VA -- Topsy.com Thu, 25 Mar 2010 11:56:07 +0000 http://constructionlawva.com/contractor-side-deals-can-waive-rights/#comment-2467 [...] This post was mentioned on Twitter by Christopher Hill, Christopher Hill, Christopher Hill, Christopher Hill, Build2Sustain and others. Build2Sustain said: Contractor Side Deals Can Waive Rights: Here at Construction Law Musings, we are quite fond of the Federal Miller ... http://bit.ly/cLlt4l [...] [...] This post was mentioned on Twitter by Christopher Hill, Christopher Hill, Christopher Hill, Christopher Hill, Build2Sustain and others. Build2Sustain said: Contractor Side Deals Can Waive Rights: Here at Construction Law Musings, we are quite fond of the Federal Miller … http://bit.ly/cLlt4l [...]

]]> By: Ron White http://constructionlawva.com/contractor-side-deals-can-waive-rights/comment-page-1/#comment-2466 Ron White Thu, 25 Mar 2010 02:29:24 +0000 http://constructionlawva.com/contractor-side-deals-can-waive-rights/#comment-2466 Great post, Chris. I have not read the opinion but it sounds like the doctrine of unclean hands was or could have been asserted in US ex rel Damuth Services v. Western Surety, et al.. Such was the case in Burton v. Sosinky(1988), 203 Cal App. 3d 569, a mechanics' lien foreclosure case. In that case the prime marked up the sub's pay request and the sub would pay back the difference to the prime. At trial the owner asserted unclean hands as a defense to the sub’s mechanics' lien foreclosure action, and prevailed. The state court of appeal confirmed, holding the sub forfeited its lien rights by engaging in this pay-back scheme. One interesting note that contractors should remember: even though the sub received no direct benefit from the scheme, the trial court believed that long-term benefits could be inferred from the arrangement in that there was an ongoing business relationship between the sub and the prime. In addition to the application of the unclean hands doctrine to lien claims, Burton is an example of why trials can be so unpredictable. Courts often reach conclusions of fact by way of inference that take the parties by surprise. Great post, Chris. I have not read the opinion but it sounds like the doctrine of unclean hands was or could have been asserted in US ex rel Damuth Services v. Western Surety, et al.. Such was the case in Burton v. Sosinky(1988), 203 Cal App. 3d 569, a mechanics’ lien foreclosure case. In that case the prime marked up the sub’s pay request and the sub would pay back the difference to the prime. At trial the owner asserted unclean hands as a defense to the sub’s mechanics’ lien foreclosure action, and prevailed. The state court of appeal confirmed, holding the sub forfeited its lien rights by engaging in this pay-back scheme. One interesting note that contractors should remember: even though the sub received no direct benefit from the scheme, the trial court believed that long-term benefits could be inferred from the arrangement in that there was an ongoing business relationship between the sub and the prime. In addition to the application of the unclean hands doctrine to lien claims, Burton is an example of why trials can be so unpredictable. Courts often reach conclusions of fact by way of inference that take the parties by surprise.

]]> By: Most Tweeted Articles by Construction Experts http://constructionlawva.com/contractor-side-deals-can-waive-rights/comment-page-1/#comment-2461 Most Tweeted Articles by Construction Experts Tue, 23 Mar 2010 14:07:20 +0000 http://constructionlawva.com/contractor-side-deals-can-waive-rights/#comment-2461 [...] }*/ .feedback_prompt { background-color: #E3E9C0; display: none; } 2 Tweets Contractor Side Deals Can Waive Rights | Construction Law Musings- Richmond, VA A discussion of the implications of side deals between contractors, subcontractors and suppliers [...] [...] }*/ .feedback_prompt { background-color: #E3E9C0; display: none; } 2 Tweets Contractor Side Deals Can Waive Rights | Construction Law Musings- Richmond, VA A discussion of the implications of side deals between contractors, subcontractors and suppliers [...]

]]> By: uberVU - social comments http://constructionlawva.com/contractor-side-deals-can-waive-rights/comment-page-1/#comment-2457 uberVU - social comments Mon, 22 Mar 2010 22:32:46 +0000 http://constructionlawva.com/contractor-side-deals-can-waive-rights/#comment-2457 <strong>Social comments and analytics for this post...</strong> This post was mentioned on Twitter by build2sustain: Contractor Side Deals Can Waive Rights: Here at Construction Law Musings, we are quite fond of the Federal Miller ... http://bit.ly/cLlt4l... Social comments and analytics for this post…

This post was mentioned on Twitter by build2sustain: Contractor Side Deals Can Waive Rights: Here at Construction Law Musings, we are quite fond of the Federal Miller … http://bit.ly/cLlt4l...

]]> By: Christopher G. Hill http://constructionlawva.com/contractor-side-deals-can-waive-rights/comment-page-1/#comment-2454 Christopher G. Hill Mon, 22 Mar 2010 14:40:45 +0000 http://constructionlawva.com/contractor-side-deals-can-waive-rights/#comment-2454 Thanks for the comment Tim. I find that, often, contractors make these side deals in an innocent attempt to get the project done on time and can get in hot water for doing so. .-= Christopher G. Hill´s last blog post ..<a href="http://constructionlawva.com/green-building-and-jazz-what-could-be-better/" rel="nofollow">Green Building and Jazz- What Could be Better?</a> =-. Thanks for the comment Tim. I find that, often, contractors make these side deals in an innocent attempt to get the project done on time and can get in hot water for doing so.
.-= Christopher G. Hill´s last blog post ..Green Building and Jazz- What Could be Better? =-.

]]> By: Contractor Side Deals Can Waive Rights | Construction Law Musings … | Legal News - Your Source for Legal News and Advice http://constructionlawva.com/contractor-side-deals-can-waive-rights/comment-page-1/#comment-2453 Contractor Side Deals Can Waive Rights | Construction Law Musings … | Legal News - Your Source for Legal News and Advice Mon, 22 Mar 2010 14:39:51 +0000 http://constructionlawva.com/contractor-side-deals-can-waive-rights/#comment-2453 [...] the original post: Contractor Side Deals Can Waive Rights | Construction Law Musings … Share and [...] [...] the original post: Contractor Side Deals Can Waive Rights | Construction Law Musings … Share and [...]

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