Remember BAE Sys. Ordnance Sys. V. Fluor Fed. Sols? I examined that case on two occasions previously here at Construction Law Musings. Previously the discussions were about the mix (or lack thereof) between fraud and contract and about how careful contract drafting is key. In the most recent opinion in this ongoing litigation from March […]
A Twist on Mechanic’s Liens and Bankruptcy
Originally posted 2010-11-08 11:28:52. We have discussed mechanic’s liens and their advantages relating to bankruptcy on several occasions here at Musings. As I warmed up from a cold weekend of camping with my son’s Boy Scout troop, I remembered a recent case out of the Fairfax County, Virginia Circuit Court that provides an explanation of […]
Happy New Year from Construction Law Musings
Well, it’s the end of another year. 2022 brought a sense of relative normalcy after quite a bit of COVID-related and other turmoil in 2020 and 2021. The Virginia General Assembly passed a pay-if-paid ban that will kick in with the coming of 2023. The second post-COVID construction law seminar was enjoyed by all that […]
Yet Another Reminder That Pleading Matters
Originally posted 2013-07-15 11:10:04. As anyone who has practiced construction law for any period of time knows, Motions to Dismiss are a regular occurrence. These motions are made in an attempt to get a claim reviewed and rejected early in the process. Because these motions to dismiss can and do lead to the dismissal of […]
Are Untimely Repairs an “Occurrence” Triggering CGL Coverage?
Originally posted 2020-10-14 12:02:01. All Class A commercial contractors in Virginia are required to have a minimum level of Commercial General Liability (CGL) coverage. As a general rule, this insurance is there for damage to property or persons arising from an “occurrence” that is covered by the policy. Many cases that are litigated relating to […]