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 […]
Always Show Up For Court, Or Else. . .
I have often discussed construction payment bond claims from the perspective of the subcontractor or supplier making the claim. However, a recent case (that I only have the Virginia Lawyers Weekly link for) discusses the potential dire consequences of such a claim for a payment bond principal and any guarantor under that bond. In Hanover […]
Condominiums and the Statutory Warranty on Structural Defects
For this weeks Guest Post Friday post here at Musings, we welcome back John Tarley. John is the managing partner for the firm and leads the firm’s business and litigation practices. A large part of the firm’s practice involves the representation of homeowners’ associations. In his spare time, John teaches as an adjunct at the William & […]
Sometimes Scope Of Work Isn’t Obvious
We discuss contracts often here at Construction Law Musings. Why? Because in most states, and particularly in my home state of Virginia, the contract creates the “law” that will govern your interaction on a construction project. In construction, every word of the contract will be read carefully in the event of a dispute. You need […]
Oh No! The Surety Went Belly Up! Now What?
Here at Construction Law Musings, I have often discussed payment bond claims under the federal Miller Act and its state specific analogs (so called “Little Miller Acts“). Most of these discussions have assumed without actually stating that the surety carrying the payment bond would be solvent and available to pay any judgment against it. Unfortunately, […]