Originally posted 2014-07-09 09:44:02. The Federal Miller Act is a great tool that subcontractors and suppliers on Federal projects can use for collection of wrongfully withheld amounts due. However, as a recent federal case from the Eastern District of Virginia points out, the construction contract’s terms affect when a subcontractor or supplier can use this […]
When is an Indemnification Provision Unenforceable?
Originally posted 2021-08-19 12:30:44. Virginia Code Sec. 11-4.1 makes indemnification provisions in construction contracts that are so broad as to indemnify the indemnitee from its own negligence unenforceable. Of course, this begs the question as to what language of indemnification provisions make them unenforceable. A case from the City of Chesapeake Virginia Circuit Court examined […]
Why Eeyore Is My Favorite A. A. Milne Character
Growing up, I used to love the A. A. Milne books. Christopher Robin with his friends Owl, Piglet, Rabbit, Tigger, and, of course, that “Pooh Sticks” playing bear, Winnie the Pooh often accompanied me to bed in the evening as I read myself to sleep. Of all of the characters in Robin’s menagerie, I liked […]
Congratulations, You got Paid! Or Did You?
Originally posted 2010-01-22 09:00:24. Contractors are feeling the pinch in today’s financial climate. Payments are being made slowly if at all. Clients unreasonably expect perfection despite the numerous moving parts on a commercial construction project (not to mention the mantra that “Murphy was an optimist”). In such a climate, getting a check that won’t bounce […]
The Anatomy of a Construction Dispute Stage 3- The Last Straw
Originally posted 2016-07-01 09:00:10. Over the past two weeks here at Construction Law Musings, I’ve discussed the first two stages of a typical construction dispute (if such a thing exists): the claim, and how to bring heat short of litigation/arbitration. As promised, this week I’ll be discussing the next step or “last straw” in a […]