Once again, my good friend Melissa Brumback, has allowed me the opportunity to rant over at her blog, Construction Law in North Carolina. This time my topic is “Don’t Act Like an Architect.” Here’s a taste. The main thing that both “sides” of this equation need to remember is that you are all in this […]
Be Careful with Arbitration Clauses in Construction Contracts
The Fairfax County Circuit Court has done it again. In Comer, et. al v. Goudie, et. al., CL 2008-2110 (December 11, 2008), the Fairfax Court considered the following: The Plaintiffs in the three suits decided by the Court entered into contracts with Timberline Design and Build, Inc. (“Timberline”) for the construction of their homes. The […]
Musings and Construction Featured in the Virginia Lawyer February Issue
Thanks to Virginia Lawyer, the magazine of the Virginia State Bar for its feature on construction law and in particular the Construction Law and Public Contracts Section. The set of features in this month’s issue (check it out through the link above) highlight construction law and attorneys through articles covering topics from ADR to bankruptcy. […]
Raising Your BIM Fluency
For this week’s Guest Post Friday here at Construction Law Musings, we welcome newcomer Lauren McLaughlin. For over a decade, Lauren has devoted her law practice to representing professionals in the construction industry. When she is not drafting contracts, negotiating change orders, litigating trials, or doing site visits as project counsel, she speaks at a […]
No Recoupment Defense to Supplier’s Miller Act Claim
We’re back on the Miller Act train here at Musings. Recently, the Alexandria, VA Federal District Court revisited the issue of whether the failure of a subcontractor to pay its supplier provides a general contractor and its surety with a defense to a Federal Miller Act bond claim. The short answer is “No.” In U.S. […]