Originally posted 2013-04-22 14:58:07. Here at Musings, the contract is king and most of the time, the Virginia state and federal courts will not imply a right of action from a statute that does not specifically create one. Furthermore, as a general rule, contracts are strictly enforced and their terms upheld absent a statute that
Originally posted 2013-03-29 09:00:54. For this week’s Guest Post Friday at Construction Law Musings, we welcome back Bryan G. Scott. Bryan (@winstonattorney) is an attorney at Spilman Thomas & Battle, PLC and co-Chair of the firm’s Construction Practice Group Thank you to Chris for the opportunity once again to guest post here at Construction Law
For those of you familiar with Construction Law Musings, you are aware of my affinity and discussion of those powerful but tricky collection tools: mechanic’s liens. You have heard me tout their ability to secure payment when a contractor or subcontractor has not been paid on a construction project (even in the face of bankruptcy).
Originally posted 2022-01-03 09:00:05. Claims for breach of contract are numerous in the construction law world. Without these claims we construction attorneys would have a hard time keeping the doors open. A 2021 case examined a different sort of claim that could arise (though, “spoiler alert” did not in this case) during the course of
Originally posted 2021-01-14 15:53:02. Regular readers of this construction law blog are likely tired of my refrain that the contract is king here in Virginia. With few exceptions, some of which have been passed in the last few years, the contract can and does essentially set the “law” for the transaction. A recent opinion from