Mechanic’s Liens – Page 2 – Construction Law Musings- Richmond, VA

Interesting Perspectives on Construction Law from Friends

Originally posted 2013-10-23 09:15:47.

As I have been in a bit of the throes of writers block here at Musings (hey, it happens), I did what I always do and check the great sources of information in my blog roll and Feedly feeds for any fodder to discuss.

In doing so, I ran across two interesting posts, one from my pal Matt Bouchard (@mattbouchardesq) down in Raleigh, NC entitled “Mediator/Arbitrator Hybrids: The Next Big Thing in Construction Dispute Resolution.” In this post (which I will not go into much detail about here) Matt discusses a contractual procedure where one person acts as a mediator and arbitrator in a procedure summarized (after a full outline of the contractual provisions) by Matt as follows:

There you have it: soup-to-nuts construction dispute resolution within 65 days, no muss, no fuss. The procedure features one neutral, serving as both the mediator and the arbitrator, with virtually no time at all transpiring between the end of the mediation and final resolution of the arbitration.

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Early Action on Your Construction Contract is Key

Originally posted 2014-09-23 10:59:49.

ONE OF ONLY A FEW CONSTRUCTION PROJECTS COMPLE... — (Photo credit: Wikipedia)

I bang the drum of early and frequent consultation with one of us construction attorneys on a regular basis here at Musings and in other places of the “blawgosphere.”

Why do I do this? Doesn’t such consultation help to avoid the problems that seem to make those of us in the construction law business happy? Aren’t all of us lawyers just out to complicate things and throw a monkey wrench into construction projects? In short, why would I constantly advise on ways to avoid exactly the construction litigation that you would think would make me the most money?

Continue reading Early Action on Your Construction Contract is Key

A Reminder to Get Your Contractor’s License in Virginia

A question I get often, particularly from construction contractors outside of Virginia is whether they need to get a Virginia contractor’s license. The answer is almost invariably “yes.” The next question is why? The answer is almost always “Because state law says so.” With some minor exceptions for material suppliers and the like, Virginia law requires that all of those that perform construction for others carry the proper license and specialization for the work performed. There is no exception for the proverbial “paper contractor” that takes money from an owner and subcontracts all of the actual physical work. It does not matter if you use a different term for what you do for the owner. If it walks like a duck and quacks like a duck. . .its a duck. If you take money to perform construction, you’re a contractor. Continue reading A Reminder to Get Your Contractor’s License in Virginia

One More Mechanic’s Lien Number- the Number 30

I’ve spoken here often about the numbers 90 and 150 as they relate to Virginia mechanic’s liens. These numbers are important for all mechanic’s liens in Virginia, whether commercial or residential (meaning liens for 1 and 2-family homes). There is another number, 30, that is important for those construction contractors that perform work on single and two-family homes. Where a mechanic’s lien agent is named on the building permit (or possibly just named if not stated on the permit), and among other requirements, Va. Code 43-4.01 requires that, in order to have lien rights at the project, the contractor must provide notice to the mechanic’s lien agent within 30 days of beginning work that it is performing work and shall seek payment for the work.

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A Quick Virginia Mechanic’s Lien Timing Refresher

As those who read Construction Law Musings on a regular basis know, mechanic’s liens are a big part of my construction law practice. These tricky and strictly enforced statutory collection tools are very powerful when correctly recorded and utterly useless if they aren’t recorded in a timely fashion and with the correct information contained within them. Couple that fact with recent changes to the mechanic’s lien form in 2019, and I feel the need to give a quick refresher. Continue reading A Quick Virginia Mechanic’s Lien Timing Refresher