We have often discussed payment and performance bonds here at Construction Law Musings, most often in the context of payment bond claims relating to federal and state-owned. construction projects. A late 2020 case out of the Eastern District of Virginia federal court examined what happens after such a claim, in this case, based upon a […]
National Mechanic’s Lien Law? A Response
Originally posted 2013-03-18 10:10:22. Construction attorney, entrepreneur, and good friend Scott Wolfe (@scottwolfejr and @zlienit) recently posted his thoughts and endorsement of a uniform national mechanic’s lien law. Aside from the interesting photo of his dog in sunglasses (I still want to know how he got the dog to sit still for the photo), Scott […]
When is Forum Selection in a Construction Contract Enforceable?
If there is one mantra that is repeated often here at Construction Law Musings, it is that your construction contract will be strictly construed and Virginia Courts will enforce the provisions as written. This rule includes forum selection clauses. For those that aren’t attorneys, this means that absent a statute to the contrary, the parties […]
When is an Indemnification Provision Unenforceable?
Virginia Code Sec. 11-4.1 makes indemnification provisions in construction contracts that are so broad as to indemnify the indemnitee from its own negligence unenforceable. Of course, this begs the question as to what language of indemnification provisions make them unenforceable. A case from the City of Chesapeake Virginia Circuit Court examined this question. In Wasa […]
Addenda to Construction Contracts Can Be an Issue
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 […]