In the past few years, the Virginia General Assembly has, with certain caveats, precluded pre-furnishing waiver of mechanic’s lien rights. While this essentially outlawed the types of mechanic’s lien waiver clauses that pervaded construction contracts in Virginia, the key to the previous sentence is “pre-furnishing.” What the General Assembly left intact were the usual waivers
Originally posted 2014-03-31 09:00:24. Last week’s Construction Law Musings were about the need to communicate before, during and after a construction project. This week, I continue my thoughts on some business practices that make my life as a construction attorney and adviser (not to mention your lives as construction professionals) easier and less stressful. This
Originally posted 2011-11-04 09:00:46. On numerous occasions, I have discussed the need to be careful with so-called “pay if paid” clauses in construction contracts. While such clauses are enforceable in Virginia (when phrased correctly), there are exceptions and limitations (for instance in the Miller Act context). One such exception (that I frankly would have thought
A week ago on Thursday and Friday August 29 and 30, 2019, I had the pleasure of co-teaching a two day module on Contract Administration for the Project Manager Development Program created by the Associated General Contractors of America. This was my favorite kind of class, a class for mostly young construction professionals looking to
My how the summer has flown by! My two older kids are back at their respective colleges, my oldest in her last year before heading out into the “real world,” and my youngest starts her junior year of high school tomorrow. The family time that the kids’ summer break allows always goes by way to