Well, I’m back from vacation and almost dug out from under the stack that was on my desk when I returned and can now get back to Musings. Thanks for awaiting my return (I’m sure it was with baited breath 🙂 ) I have spoken here at Construction Law Musings on the Dragas line of […]
Read Your Construction Contract Arbitration Clauses Carefully
In May of last year, we discussed an opinion in U.S. ex rel. Thyssenkrupp Safway Inc. v. Tessa Structures LLC. If you recall, this case involves a three way payment dispute between a supplier, Thyssenkrupp, a subcontractor, Tessa Structures, and a general contractor, Vista Contracting. As discussed in the prior post, Thyssenkrupp did not get […]
Economic Loss Rule not Absolute in Construction
Musings takes a step off of the green construction and marketing train to discuss an interesting decision from the City of Richmond, Virginia Circuit Court. As Musings has discussed on several occasions, the economic loss rule in Virginia states that where a loss occurs that relates in any way to a contract, the injured party […]
Resolve to Set Construction Project Expectations Early and Often in 2012
As we enter 2012 expectations for the new year are in all of our thoughts. The best laid plans are made and possibilities seem endless. New Year’s resolutions will be made (and possibly broken). As a construction attorney here in Virginia, if I could ask contractors and subcontractors to make (and keep) one resolution for […]
Getting Slow Paid? Try These Tips
Image via Wikipedia As ENR has reported recently, slow payment can and does sap a contractor’s strength. Slow payment puts a contractor in a serious bind. On the one hand, it is getting paid, so why rock the boat? On the other, the contractor has to pay the down-line subcontractors in the time specified in […]