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. […]
Thoughts and Thank Yous from Construction Law Musings
Well, I’m back from vacation and right back into the fun world of construction law with both feet. Talk about hitting the ground running. Off of the plane on Monday, a General District Court hearing on Tuesday and a 10 hour mediation on Thursday last week. While the pace is high, the clients are great […]