Originally posted 2015-06-16 13:00:56. Once again I get to thank Scott Wolfe (@scottwolfejr) over at Zlien for an opportunity to guest post. This time around it is on the soon to be implemented changes to the Virginia law as it relates to contractual waivers of lien and bond claim rights. Here’s a taste of the […]
Is Settling a Bond Claim in the Face of a Seemingly Clear Statute of Limitations Defense Bad Faith?
We have often discussed payment and performance bonds here at Construction Law Musings, most often in the context of payment bond claims relating to federal and state-owned. construction projects. A late 2020 case out of the Eastern District of Virginia federal court examined what happens after such a claim, in this case, based upon a […]
Some Work Cannot be Included in a Miller Act Claim
The Miller Act is close to my heart here at Construction Law Musings. Payment bond claims under the Miller Act help protect subcontractors on construction projects where the national government or its agencies are the owners of the property and therefore mechanic’s liens are unavailable. Even where you follow the proper claims process under this […]
Is Moving Away from Construction Bonding Requirements a Good Idea?
Originally posted 2011-07-25 09:00:48. Recently, the legal/construction blogosphere (if that’s still a word) has been discussing a move by Ohio State University to eliminate the need for construction payment and performance bonds on public projects for the university. Needless to say, this move is not popular with certain portions of the construction industry. In fact […]
Dump Site Provider Has Valid Little Miller Act Claim
Originally posted 2012-09-17 09:00:40. You may have thought that a Virginia “Little Miller Act” bond claim, like a mechanic’s lien, could only be brought by those that provide materials and labor incorporated into the construction project. If you did, you aren’t alone.