Every time I think that the construction industry has learned that failure to respond to a lawsuit is never the correct response, another case of default judgment comes out. I’ve discussed on multiple occasions that failure to respond can only lead to disaster. Aside from being barred from making any substantive response to the allegations
Originally posted 2017-08-14 09:23:21. For this week’s Guest Post Friday, Musings welcomes back Timothy R. Hughes, Esq., LEED AP. Tim (@timrhughes on Twitter) is Of Counsel to the Arlington, Virginia firm of Bean, Kinney & Korman, P.C. In his practice as a business, corporate, and construction law attorney, Tim has served as the Chair of
Originally posted 2010-12-06 10:49:11. Recently, I came across another Virginia construction case that serves as a reminder that, in Virginia, the contract is king and that because of this fact, the contract will be enforced by its terms. In L. White and Company v Culpeper Memorial Hospital, the plaintiff contractor (L. White and Company) sued
Remember back in 2021 when I “mused” about Dickson v. Fidelity and Deposit Company of Maryland et al.? Remember how the Eastern District of Virginia held that mere supervision does not qualify as “labor” under the federal Miller Act? Well, the 4th Circuit recently weighed in on the appeal of that case and had some
Originally posted 2012-01-16 09:00:11. I have discussed on several occasions the fact that construction contracts matter. The words in contracts matter and, in Virginia (as well as other states), most provisions, if not all will be enforced to the letter. Recently, the Western District of Virginia federal court ruled in a way that reminded me