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 […]
Update on the No License, No Lien Bill
Remember a month ago when I discussed a bill in the House of Delegates requiring a license number on any memorandum of mechanic’s lien in Virginia? Since that original post, the bill moved to the Virginia Senate and eventually passed with a few, laudable, tweaks. Where the original bill made no concession for the possibility […]
Reminder: Construction Litigation is Expensive, Be Sure It’s Worth It
I know, this title is yet another seemingly obvious statement in a series of them here at Construction Law Musings. I seem to be going from cliche to cliche these days and musing on things from necessary evils to naming the correct parties in a lawsuit. However a recent post from my fellow “blawger” and […]
Be Sure to Keep Up with Mechanic’s Lien Changes
As those of you who read Construction Law Musings are well aware, the mechanic’s lien is near and dear to my construction lawyer’s heart. A well timed and properly filed memorandum of lien can and does often lead to payment without the need for the suit to enforce that lien. Of course the key part […]
Quick Primer on Virginia Mechanic’s Lien Law
If you have spent significant time in the construction business, you have encountered instances where (i) your construction contract has been breached, (ii) you have not been paid, and (iii) you need to file a mechanic’s lien. Some basic business practices, however, will help ensure that your lien rights are maximized and your claim preserved. […]