Originally posted 2014-06-06 09:00:34. After an hour long phone conference with a client, I have had several thoughts, only a few of which I can share here (grin). The first is that my friends and clients in the construction industry are hurting, but need to work with an attorney to assure that the pain is […]
An Interesting Take on Unjust Enrichment from the Virginia Supreme Court
Construction jobs involve numerous contractual relationships between and among general contractors, suppliers, architects, and subcontractors (to name a few of the relationships). In most cases, aside from exceptions such as mechanic’s liens, the concept of contractual privity keeps those “lower” on the contractual chain from jumping over the party with whom that company has a […]
Lien Waivers Should Be Fair — And Efficient
Originally posted 2015-02-13 09:11:46. This week for our Guest Post Friday here at Construction Law Musings, we welcome back my good friend Scott Wolfe. Scott, a thought leader in the construction industry, combines his construction background, tech experience, entrepreneurial spirit, and legal education to bring a unique perspective to the industry’s construction payment problem. Scott […]
Some Good News Coming July 1, 2020 for Construction Professionals
Last week I discussed the potentially onerous legislation that essentially made contractors the employers of all employees of their subcontractors and suppliers on a job site. That was only one of the impactful statutes that was passed by the General Assembly and that will take effect in July of 2020. While the above mentioned legislation […]
Q: What can you lien? A: What did you bring to the project?
Originally posted 2014-10-31 09:00:28. Mechanic’s liens are a powerful tool when used correctly. However, as I have discussed on numerous occasions here and elsewhere, these tools must be wielded correctly if they are to be effective. Another case in point occurred recently in the Hanover, VA Circuit Court. In Dallan Construction Co. v. Super Structures […]