As many of my loyal readers (thank you to you all) know, I went solo a month ago. After the initial week or two of scrambling to set up IOLTA accounts, billing systems and computers, I am able to get down to business and now am able to make at least an initial assessment of […]
No Setoff Between Bonded and Non-Bonded Projects
As any reader of Construction Law Musings knows, payment bond claims are a big part of my law practice. You have also likely read through the federal cases relating to the Miller Act that you can find here. On trend in these federal cases in the Virginia district courts is that determining set off rights […]
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
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 will not allow a plaintiff to turn a contract […]
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 […]