Originally posted 2015-02-06 09:37:58. Over the past four weeks, I’ve “mused” on the “stages” of a construction dispute. What started as a kernel of thought in my mind turned into what has seemed to be a popular set of four posts that I hope were both informative and interesting. Because of the great feedback I’ve […]
Be Careful with Good Faith Payments
Originally posted 2019-11-25 09:00:29. Sometimes doing the expedient thing and what looks good at the time can come back to bite you. Just ask 3M Company. In Faneuil, Inc. v. 3M Co., the Virginia Supreme Court considered a customer services subcontract between Faneuil and 3M relating to a toll collection contract 3M entered into with […]
Miller Act Bond Claims Subject to “Pay If Paid”. . . Sometimes
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 […]
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 […]
Yet Another Reminder to ALWAYS Show Up for Court
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 […]