Your Contractual Notice/Claim Procedures Matter

Remember how I stated that your construction contract governs the “law” of your business relationship?  Remember how (at least as a subcontractor or supplier) the Virginia General Assembly stated that is no longer true in regards to pre-payment contractual mechanic’s lien waivers?  Remember that most construction contracts contain a clause or two relating to claims…

In Construction Your Contract May Not Always Preclude a Negligence Claim

Originally posted 2011-03-14 09:00:43. Republished by Blog Post Promoter Here at Construction Law Musings I have discussed the interaction of the so called “economic loss rule,”  construction contracts and tort claims on numerous occasions.  The general rule is that where a duty to perform in a certain way arises from the contract, the Virginia courts…

Why Settlement is Often Worth Fighting For

Well, I’m back after what was several weeks of fun, depositions and settlement negotiations.  Between a great family holiday trip and work, the month of January and some of February flew by and I didn’t have the time to keep up with my usual Monday posting schedule.  Thank you to those that keep coming back. …

A Great How To on Mediation Practice (UPDATED)

Originally posted 2012-03-26 09:00:32. Republished by Blog Post PromoterAs regular readers of Construction Law Musings are aware, I just recently completed my training and mentor-ship for certification to practice mediation in the Virginia General District Courts.  As a construction litigator, I have found that mediation can be extremely helpful in resolving construction disputes, particularly commercial…

Voting Opens for the 2016 Best Construction Blog Competition

Yes, it’s that time of year again and my friends at the Construction Marketing Ideas blog, along with those that were kind enough to nominate Musings for the ballot, have put this construction law blog in the running again this year.  As always, I truly appreciate your readership and would greatly appreciate a vote for…

About musings

I am a construction lawyer in Richmond, Virginia, a LEED AP, and have been nominated by my peers to Virginia's Legal Elite in Construction Law on multiple occasions. I provide advice and assistance with mechanic's liens, contract review and consulting, occupational safety issues (VOSH and OSHA), and risk management for construction professionals.

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