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

Mechanic’s Liens

Virginia Mechanic's LiensGiven the economy and the construction landscape, mechanic’s liens are becoming more and more useful and necessary. This is particularly true in Virginia where mechanic’s liens are perfected upon filing of the lien and therefore they are a secured claim in a bankruptcy court. Please check out the posts on this page (or click here if on a mobile device) for more on this important tool in a construction contractor or subcontractor’s collection arsenal.

Once you have read these posts, please contact an experienced construction attorney to make sure that you meet all of the specific and technical requirements for filing and maintaining a mechanic’s lien action in Virginia.

With VA Mechanic’s Liens Sometimes “Substantial Compliance” is Enough (but don’t count on it)

Virginia mechanic’s liens are a powerful and tricky beast that in most cases require absolute precision in their preparation. However, an interesting opinion recently came out of the Virginia Supreme Court that may provide a bit of a “safe harbor” from the total form over function nature of a mechanic’s lien. In Desai, Executrix v.

Reminder: Always Order a Title Search for Your Mechanic’s Lien

Originally posted 2016-05-12 15:05:49. Republished by Blog Post PromoterMechanic’s liens are close to my heart as a construction attorney. These powerful tools for collection have been (and likely will be) discussed often here at Construction Law Musings. In fact, they rated their own page here at this little construction blog. While the form for a

Changes to Pennsylvania Mechanic’s Lien Code

Originally posted 2014-10-31 09:00:27. Republished by Blog Post PromoterFor this week’s Guest Post Friday here at Musings, we welcome Jim Fullerton. Jim is the President of the law firm of Fullerton & Knowles, P.C., which has attorneys licensed in Virginia, Maryland, Pennsylvania, and the District of Columbia, is a Martindale Hubbell Peer Rated Lawyer AV®

Reminder: Your MLA Notice Must Have Your License Number

Originally posted 2014-11-17 09:00:34. Republished by Blog Post PromoterRemember a couple of years ago when the Virginia mechanic’s lien rules changed to require inclusion of a claimant’s contractor’s license number (where a license is required)? If not, then this is a reminder of that particular wrinkle in the strictly interpreted mechanic’s lien statute. This requirement

The Anatomy of a Construction Dispute Stage 2- Increase the Heat

Originally posted 2015-01-19 09:00:35. Republished by Blog Post PromoterLast week we discussed the groundwork and circumstances of a construction claim. This week’s post will discuss the next steps, hopefully short of full blown arbitration or litigation that you, as a construction company, can pursue presuming your claim has been properly preserved. If your contract requires

Private Project Payment Bonds and Pay if Paid in Virginia

Originally posted 2017-01-02 09:15:09. Republished by Blog Post PromoterOne 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

A Lien Change for the Better (Guest Post at ZLien)

Originally posted 2012-05-15 15:20:37. Republished by Blog Post PromoterDuring the recent General Assembly session, the Virginia legislature made a great change to the Virginia mechanic’s lien statute. I blog about it at the Zlien Blog. Here’s an excerpt of my post. The recent changes to Va. Code §43-3 (effective July 1, 2012) clarify several points

Don’t Kick the Claim Until the End of the Project: Timely Give Notice and Preserve Your Claims on Construction Projects

Originally posted 2015-12-07 09:38:19. Republished by Blog Post PromoterFor this week’s Guest Post Friday, we welcome Tara L. Chadbourn. Tara is an attorney with ReavesColey PLLC in Chesapeake, VA, where she concentrates her practice on construction law, litigation and commercial litigation. Tara counsels owners, contractors, subcontractors and materials suppliers in various government and commercial construction