We discuss contracts often here at Construction Law Musings. Why? Because in most states, and particularly in my home state of Virginia, the contract creates the “law” that will govern your interaction on a construction project. In construction, every word of the contract will be read carefully in the event of a dispute. You need […]
Oh No! The Surety Went Belly Up! Now What?
Here at Construction Law Musings, I have often discussed payment bond claims under the federal Miller Act and its state specific analogs (so called “Little Miller Acts“). Most of these discussions have assumed without actually stating that the surety carrying the payment bond would be solvent and available to pay any judgment against it. Unfortunately, […]
Contractors Need to be Teachers Too
As I was looking through my Google Reader feeds at the end of last week, I ran across a great post by my friend Andrea Goldman (@andreagoldman) at her Massachusetts Builders Blog. Her blog is a great resource for Massachusetts home builders and their attorneys. In her post, she points out something that contractors (whether […]
When Enough is Enough…the Cardinal Change Doctrine
For this week’s Guest Post Friday, Musings welcomes Jennifer Watt (@jenniferlwatt). Jennifer is an Indiana litigator with experience litigating construction disputes, representing surety companies and contractors following project defaults and advising on bankruptcy matters. Jennifer, maintains Legal Construction Zone, a blog built for Indiana construction professionals to monitor legal news and developments. Jennifer is an […]
Quick Primer on Virginia Mechanic’s Lien Law
If you have spent significant time in the construction business, you have encountered instances where (i) your construction contract has been breached, (ii) you have not been paid, and (iii) you need to file a mechanic’s lien. Some basic business practices, however, will help ensure that your lien rights are maximized and your claim preserved. […]