I am a huge fan of clearly written construction contracts. Virginia state and federal courts will interpret contract provisions as written and will seek to enforce all of those terms where possible. Where the contract is ambiguous, we construction attorneys make money and the courts are forced to make decisions that the parties may not […]
Recent Construction Law Opinion Roundup
Originally posted 2014-01-20 09:00:06. Well, now that my suggestion of a new year’s resolution and quick review of a recent (and funny) book are done, we’re back to the more mundane, yet no less relevant, discussion of recent construction opinions here in Virginia. In the last quarter of 2013, the Virginia Circuit Courts in Norfolk […]
The General Assembly Adds Some Clarity to Contracts and Unlicensed Contractors
Originally posted 2018-03-26 11:02:41. For years, the statute regarding performing construction without a valid license (Va. Code 54.1-1115) was a bit murky. While that statute listed several prohibited acts, among them contracting without the proper class of license or use of the license of another, the consequences of such activity, in particular the effect that […]
Happy New Year! Looking Back and Forward
Originally posted 2017-01-31 10:45:31. It is the time of the year here at Construction Law Musings where we look back at a great 2015 and forward to an even better 2016. This past year was another good one for both Musings and my law practice. Musings hit its 7 year anniversary and added a few […]
Is Privity of Contract with the Owner a Requirement of a Valid Mechanic’s Lien? Not for GC’s
Originally posted 2020-12-07 10:29:33. As any reader of this construction law blog knows, mechanic’s liens make up much of the discussion here at Construction Law Musings. A recent case out of Fairfax County, Virginia examined the question of whether contractual privity between the general contractor and owner of the property at issue is necessary. As […]