Originally posted 2021-06-09 14:43:40. It seems to be Miller Act time here at Construction Law Musings, not to mention in the Federal District Courts here in Virginia. Last week I discussed what sort of work can form the basis for a Miller Act claim. This week I am discussing the effect of a mandatory mediation […]
Don’t Leave Retainage on the Table
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 […]
Simplifying North Carolina’s Mechanic’s Lien Agent Process: NC’s New Online Clearinghouse
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 […]
Are Mechanic’s Liens the Be All End All of Construction Collections?
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). […]
Where Breach of Contract and Tortious Interference Collide
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 […]