Much discussion has hit the web recently regarding the role that construction lawyers have had relating to the construction industry. Unfortunately, most of this discussion has focused on the negative aspects of lawyer involvement in construction contracting. A recent Viewpoint article in ENR magazine opines that much of the delay, expense and other issues plaguing […]
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Construction Contracts, Mediation and Venue
I have preached the mantra of “read your contracts carefully” on numerous occasions here at Construction Law Musings. I have also discussed my thoughts on ADR and mandatory mediation. A recent case out of the Eastern District of Virginia mixes these two ideas quite nicely. Dominion Transmission Inc. v. Precision Pipeline Inc. involved the construction […]
Sometimes Scope Of Work Isn’t Obvious
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 […]