Originally posted 2016-03-02 15:25:38. We’ve all been there. Your client either has a well drafted standard subcontract (with any luck in consultation with an experienced construction attorney) that it presents to its subcontractors and suppliers or your client is presented with a construction contract that has some provisions that it would prefer were either different […]
Unjust Enrichment and Express Contract Don’t Mix
I am a huge fan of clearly written construction contracts. Virginia state and federal courts will interpret contract provisions as written and will seek to enforce all of those terms where possible. Where the contract is ambiguous, we construction attorneys make money and the courts are forced to make decisions that the parties may not […]
Recent Construction Law Opinion Roundup
Originally posted 2014-01-20 09:00:06. Well, now that my suggestion of a new year’s resolution and quick review of a recent (and funny) book are done, we’re back to the more mundane, yet no less relevant, discussion of recent construction opinions here in Virginia. In the last quarter of 2013, the Virginia Circuit Courts in Norfolk […]
Does the Recording of a Mechanic’s Lien Memorandum by Itself Constitute Process? Read to Find Out.
As a Virginia construction attorney representing those in the construction industry, mechanic’s liens are near and dear to my heart. The enforcement of mechanic’s lien rights in Virginia is a two-step process. The first step is the recording of a properly-timed memorandum of lien that includes all of the statutorily required information. The second step […]
Mediation v. Arbitration, Both Private Dispute Resolution but Very Different Sorts
Originally posted 2018-01-15 15:59:59. I often get calls from clients, potential construction clients, and other construction and business professionals with questions about arbitration or mediation clauses in the contracts that they are reviewing or drafting. When I get these calls, it often becomes clear that, understandably, there is some confusion as to what each of […]