If there’s one admonishment I’ve given a lot at this construction law blog, it is to be very careful with mechanic’s liens. This post is not about that. This post is about another major piece of advice that has been set out here at Construction Law Musings, namely, always show up for court and respond […]
Who Decides Who Can Arbitrate? The Court. . . .Sometimes
I have often discussed alternate dispute resolution (ADR) here at Construction Law Musings. In most of those posts, I’ve either discussed the advantages and/or disadvantages of arbitration or mediation. In any of the other ADR-related posts, the assumption was that the question about the arbitrability of the claim (namely that the claim was either properly […]
Know When Your Claim “Accrues” or Risk Losing It
Originally posted 2019-06-03 15:03:07. I have discussed statutes of limitation on construction claims in various contexts from issues with a disconnect on state projects to questions of continuous breach here at Construction Law Musings. For those that are first-time readers, the statute of limitations is the time during which a plaintiff can bring its claim, […]
Quick Tip: Don’t Indemnify for Breach of Contract
Every contractor or subcontractor has seen that indemnification language in a contract that states that the indemnifying party will indemnify the contractor, owner, architect, owner representative (and likely to dog walker, though I’m unclear on that one) for any claim relating to the indemnifying parties actions to include any breach of the construction agreement. This […]
Reminder: Second Tier Subcontractors Have Miller Act Claim
Originally posted 2013-02-11 09:00:06. Here at Construction Law Musings, we often discuss the Federal Miller Act and its Virginia equivalent (the “Little Miller Act“). These two statutes provide subcontractors on government projects (on which no mechanic’s lien can attach) the protection of payment and performance bonds. One question that often arises in this context is […]