For this week’s Guest Post Friday here at Construction Law Musings, we welcome back Brian L. Hill. Brian is a construction consultant known for helping clients solve complex issues related to the architecture, engineering and construction (AEC) industry. He is also the editor and publisher of AECforensics.com, which dissects the latest trends impacting quality and […]
Where Insurance and Contracts Collide in Construction
As has been said a “few” times here at Construction Law Musings, the courts of the Commonwealth of Virginia strictly interpret the actual terms of a construction contract. A recent case in the Circuit Court for the City of Richmond provides yet another example of this fact. In Fixture Specialists Inc. v. MGT Construction Mgmt. […]
Reminder: Your MLA Notice Must Have Your License Number
Remember a couple of years ago when the Virginia mechanic’s lien rules changed to require inclusion of a claimant’s contractor’s license number (where a license is required)? If not, then this is a reminder of that particular wrinkle in the strictly interpreted mechanic’s lien statute. This requirement applies to all mechanic’s lien memoranda and, like […]
The Anatomy of a Construction Dispute Stage 2- Increase the Heat
Last week we discussed the groundwork and circumstances of a construction claim. This week’s post will discuss the next steps, hopefully, short of full-blown arbitration or litigation that you, as a construction company, can pursue presuming your claim has been properly preserved. If your contract requires certain steps such as informal resolution attempts or other […]
Private Project Payment Bonds and Pay if Paid in Virginia
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 […]