In the past few years, the Virginia General Assembly has, with certain caveats, precluded pre-furnishing waiver of mechanic’s lien rights. While this essentially outlawed the types of mechanic’s lien waiver clauses that pervaded construction contracts in Virginia, the key to the previous sentence is “pre-furnishing.” What the General Assembly left intact were the usual waivers […]
Trust Your Gut When Deciding Whether to Sign a Construction Contract
Originally posted 2014-03-31 09:00:24. Last week’s Construction Law Musings were about the need to communicate before, during and after a construction project. This week, I continue my thoughts on some business practices that make my life as a construction attorney and adviser (not to mention your lives as construction professionals) easier and less stressful. This […]
Why Do I Teach? To Learn Something of Course!
A week ago on Thursday and Friday August 29 and 30, 2019, I had the pleasure of co-teaching a two day module on Contract Administration for the Project Manager Development Program created by the Associated General Contractors of America. This was my favorite kind of class, a class for mostly young construction professionals looking to […]
Happy Labor Day from Construction Law Musings
My how the summer has flown by! My two older kids are back at their respective colleges, my oldest in her last year before heading out into the “real world,” and my youngest starts her junior year of high school tomorrow. The family time that the kids’ summer break allows always goes by way to […]
A Teaming Agreement is Still a Contract (or, Be Careful with Agreements to Agree)
I have discussed teaming agreements in this past here at Construction Law Musings. These agreements are most typically where one of two entities meets a contracting requirement but may not have the capacity to fulfill a contract on its own so brings in another entity to assist. However, these agreements are contracts and are treated […]