Originally posted 2011-03-21 09:21:07. Today at Construction Law Musings, we’re back to a discussion of mechanic’s liens. This past week, the Loudoun County Circuit Court here in Virginia had an opportunity to discuss the interaction between mechanic’s liens, contracts and the law of fixtures. In TWP Enters. v Dressel, the Court considered a provision of […]
Be Ready to Lien in 2009 (but Be Careful!)
Originally posted 2010-07-30 12:28:30. 2009 is likely to be a year in which many construction liens are filed. As all of us in construction know, and as reported in the AGC SmartBrief, the beginning of 2009 and through 2010 will likely show an even greater downturn in the commercial and residential markets. These economic times […]
Some Construction Nuggets to Consider
Originally posted 2012-02-24 09:00:08. For this week’s Guest Post Friday here at Musings, we welcome a good friend, Brett Marston. Brett is the head of the construction law practice group at Gentry Locke Rakes & Moore in Roanoke, Va. and a member of the firm’s management committee. He is AV-rated by Martindale-Hubbell and has extensive […]
The General Assembly Seems Ready to Provide Some Consistency in Mechanic’s Lien Waiver
Back in 2015, the Virginia General Assembly amended the mechanic’s lien statute (Va. Code 43-3) here in Virginia to preclude any contractual provision that diminishes a subcontractor or supplier’s “lien rights in a contract in advance of furnishing any labor, services, or materials.” However, this amendment was only applicable to subcontractors and suppliers. For political […]
Contracts, Liens and Notice
The Virginia Circuit Courts made a couple of interesting rulings published this month that I thought you should know about. They both emphasize the need to carefully read and analyze statutes and contracts. The first, Meeks Disposal Corp. v. Circle South, LLC, comes from the Norfolk Virginia Circuit Court and discusses one of Construction Law […]