For this Monday edition of Guest Post Friday, we welcome a new contributor, Adam Kreitman. Adam (@amkreitman) is a project manager at North East Interior and an Army Corps Certified Quality Control Manager. Background Gov. Deval Patrick passed an act that profoundly affected payment terms on private construction projects in November of 2010. The “prompt-pay”
One of the many items of construction law that has always been about as clear as mud has been the interaction between a contractual pay if paid clause and payment bond claims either under the Federal Miller Act or Virginia’s “Little Miller Act.” While properly drafted contractual “pay if paid” clauses are enforceable by their
I am always appreciative and humbled to join the great lawyers who populate lists such as Legal Elite and Super Lawyers. Needless to say I am even more thankful when I get elected to a great list like the Virginia Super Lawyers this year in 2017, this time in the Construction Litigation category. So without
I have discussed my views on mandatory mediation in construction contracts at other places here at Musings and also discussed how the contract is king here in Virginia. A recent Charlottesville, Virginia Circuit Court case combined these two concepts to allow a subcontractor to proceed straight to litigation despite various ADR provisions in the contract
After I wrote the title to this post, I thought, “Well, that says it all, doesn’t it?” I also considered the fact that for those that read this construction law blog on a regular basis, I am likely stating the obvious. I then thought about the fact that there can be confusion regarding the purpose