Originally posted 2013-11-28 10:00:30. Image via Wikipedia Musings thought that it would step away from its discussion of “green” construction to discuss a few interesting construction cases that came down recently in the Commonwealth of Virginia. The first of these is another warning to contractors that arbitration provisions can be waived by conduct. In Shoosmith […]
Motions to Dismiss, Limitations of Liability, and More
Originally posted 2023-01-17 15:48:19. Remember BAE Sys. Ordnance Sys. V. Fluor Fed. Sols? I examined that case on two occasions previously here at Construction Law Musings. Previously the discussions were about the mix (or lack thereof) between fraud and contract and about how careful contract drafting is key. In the most recent opinion in this […]
In Any Construction Lawsuit, Be Sure to Name the Right People
Originally posted 2017-12-01 12:30:43. The title of this post may seem obvious. Of course you need to name the right people. “Why even write about this?” you may ask yourself. The answer to this question is that the list of all of the parties necessary to a successful lawsuit may not be so obvious. One […]
Virginia Mechanic’s Liens- Defense Options
Originally posted 2015-08-24 09:00:15. Here at Construction Law Musings, I have discussed the filing of mechanic’s liens in Virginia and various cases discussing the pitfalls to be found in the filing of these powerful collection tools. However, I have rarely discussed the affirmative steps that an owner can take in defending against the filing of […]
Wow! A Mechanic’s Lien Bill That Helps Subcontractors and Suppliers
Originally posted 2015-03-03 10:28:12. You know how I’ve stated on many occasions that the contract is king here in Virginia? You know how that included contractual provisions waiving mechanic’s lien rights for subcontractors and suppliers? You know how I thought that the General Assembly would not do anything to make mechanic’s liens in Virginia easier […]