I know, this title is yet another seemingly obvious statement in a series of them here at Construction Law Musings. I seem to be going from cliche to cliche these days and musing on things from necessary evils to naming the correct parties in a lawsuit. However a recent post from my fellow “blawger” and […]
No Recoupment Defense to Supplier’s Miller Act Claim
We’re back on the Miller Act train here at Musings. Recently, the Alexandria, VA Federal District Court revisited the issue of whether the failure of a subcontractor to pay its supplier provides a general contractor and its surety with a defense to a Federal Miller Act bond claim. The short answer is “No.” In U.S. […]
Important Construction Opinions of 2012
As they do every year, Virginia Lawyers Weekly produces their editors choices of the important opinions of the year. 2012 was no different. Among these opinions are many that affect the construction industry in Virginia. The opinions that made the cut ranged in topic from mechanic’s liens to the source of duty rule. I particularly […]
Why Contractors Should Notify Bonding Companies Quickly
With the rise in federal and state construction projects, and the need for contractors and other construction professionals to seek out these projects in the present economy, focus on the Miller Act and your state’s “Little Miller Act” is key. As a quick reminder, the Miller Act essentially requires that a general contractor carry a […]
A Couple of Interesting Construction Law Cases
This past weekend, I had the pleasure of attending the 33rd Annual Construction and Public Contracts Law seminar sponsored by Virginia CLE and the Construction Law and Public Contracts section of the Virginia State Bar. Aside from learning a lot and getting a chance to rub elbows and network with some (if not all) of […]