I have talked a lot about LEED and sustainable building here at Construction Law Musings. Recently, Constructor Magazine ran an article about “Green Expectations” that caught my eye. While we (and I include the great guest posts on the subject) have discussed the risks and possible future litigation relating to LEED and sustainable building, the […]
Construction Contracts, Fiduciary Duty and Fraud
I have discussed the interplay between the economic loss rule, fraud and construction contracts on many occasions here at Construction Law Musings. You may ask why the consistent drumbeat? The answer lies in the fact that we attorneys tend to try and think of creative ways to avoid the economic loss rule when contractors act […]
ConsensusDOCS Goes Green
Recently, the ConsensusDOCS, a set of form documents that compete with the older (though in my opinion, no more useful) AIA contract documents with which all general contractors and subcontractors are familiar, released a Green Building Addendum(the ConsensusDOCS 310). In the interest of full disclosure, I am a member of the working group on this […]
Sometimes Good Deeds Go Punished in Construction
As all of us are aware in the construction world, aside from green building, some of the biggest headlines are reserved for Chinese drywall claims. While contractors that got caught using this inferior product may want to do the right thing and fix issues for homeowners, they need to be careful. Recently, the U. S. […]
Bonds, Payment Bonds – Virginia’s “Little Miller Act”
Image via Wikipedia Here at Musings, we have discussed the topic of mechanic’s liens extensively. However, a mechanic’s lien may not be appropriate depending on the type of project that you work on. For instance, in Virginia (as in most states), a contractor cannot place a mechanic’s lien on a public project. In Virginia, the […]