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

Bond Claims

Miller Act Bond Claims in VirginiaThe Federal Miller Act and the Virginia “Little Miller Act” are great tools that Virginia construction professionals can use on Federal and State construction projects.  Particularly in today’s construction marketplace, construction subcontractors and suppliers are bidding on more government work to which these statutes apply.  Even in an improving construction economy, private bonding is becoming more of the norm.

This page compiles the various Construction Law Musings relating to construction bond claims and other construction surety and bonding issues.  For more, read the posts below or click here if you are on a mobile device for more.

Another Great Construction and Public Contracts Law Seminar Weekend

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Originally posted 2014-11-10 09:36:14. As some of you readers know, I spoke at the 35th Annual Construction and Public Contracts Law Seminar (schedule is linked here) this past weekend.  Aside from the great and flattering opportunity to join my friend Hanna Blake at the front of the room to speak on the topic of payment bond

Deadline Nears for “Green Performance Bond” Implementation

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Originally posted 2015-12-07 09:38:21. For this weeks Guest Post Friday at Musings, we welcome Surety Bonds.com, a leading online surety provider. SuretyBonds.com specializes in educating current and prospective business owners about local surety requirements. To keep up with surety bond trends, follow and Surety Bonds Insider blog and @suretybond on Twitter. Professionals who work in

Mediation Clause Can Stay a Miller Act Claim, Just Not Forever

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Originally posted 2021-06-09 14:43:40. It seems to be Miller Act time here at Construction Law Musings, not to mention in the Federal District Courts here in Virginia.  Last week I discussed what sort of work can form the basis for a Miller Act claim.  This week I am discussing the effect of a mandatory mediation

Don’t Let Receivership Kill Your Miller Act Claim

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Originally posted 2013-01-01 10:00:19. In this economy, even the companies that provide bonding for construction companies may have financial difficulties, and even go into receivership.  Recently, the U. S. District Court in Norfolk, VA decided an interesting case relating to an interestingly named project.  In U.S. v. Western Ins. Co., the court considered the default

Aarow Equipment v. Travelers- An Update

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Originally posted 2015-01-12 09:00:08. Previously here at Musings, I discussed the application of pay if paid clauses and the Miller Act.  The case that prompted the discussion was the Aarow Equipment & Services, Inc. v. Travelers Casualty and Surety Co. case in which the Eastern District of Virginia Federal Court determined that a “pay if

Reminder: Second Tier Subcontractors Have Miller Act Claim

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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

Is Arbitration Okay Under the Miller Act? It Is if You Don’t Object

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Originally posted 2014-10-13 09:15:01. I have discussed both payment bond claims under the Miller Act and alternate dispute resolution (ADR) here at Construction Law Musings on many an occasion.  A question that is sometimes open is what to do when there is contractually mandated arbitration for claims “relating to the contract or the work.” While

Contractor Side Deals Can Waive Rights

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Originally posted 2014-04-09 16:16:54. Here at Construction Law Musings, we are quite fond of the Federal Miller Act and it’s Virginia counterpart, the “Little” Miller Act.  Both of these statutes allow a subcontractor or supplier on a government construction project the security to perform their work with the knowledge that a bonding company will back

Maybe Supervising Qualifies as Labor After All

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Remember back in 2021 when I “mused” about Dickson v. Fidelity and Deposit Company of Maryland et al.?  Remember how the Eastern District of Virginia held that mere supervision does not qualify as “labor” under the federal Miller Act?  Well, the 4th Circuit recently weighed in on the appeal of that case and had some