Originally posted 2016-02-26 09:00:17. For this week’s Guest Post Friday here at Musings, we welcome back a good friend, Scott Wolfe. Scott is the founder of Levelset, a cloud-based platform that gives construction industry participants control over their financial risk and payment processes. The Levelset platform manages the mechanics lien compliance process for all parties […]
Limiting Services Can Lead to Increased Liability
Originally posted 2012-04-06 09:00:08. For this week’s Guest Post Friday Musings, we welcome Nick Pacella. Nick is an architect licensed in New York, New Jersey and Connecticut. His practice has spanned several economic swings and he has been able to reposition the eggs in his basket to make the most of each recovery. He is […]
When Is an Arbitration Clause Unconscionable? Not Often
Originally posted 2021-03-03 11:55:15. Here at Construction Law Musings, I have discussed the pros and cons of various forms of Alternative Dispute Resolution (ADR), including arbitration. I am a fan of most ADR, but less of one for arbitration than for mediation. However, where the arbitration can be done under a good set of cost-containing […]
Maybe Close Enough Still Counts with Mechanic’s Liens?
Originally posted 2020-05-05 14:01:50. Remember that case where “substantial compliance” was enough for the proper enforcement of your mechanic’s lien rights? Remember how I said maybe it was an outlier? Remember how the Virginia General Assembly modified the statute and the statutory forms to account for the ambiguity discussed in the Desai case? Remember how […]
PSA: Virginia House Passes Pay-if-Paid Ban for Construction Contracts (UPDATED)
In a move that was much anticipated, the Virginia senate recently passed legislation barring straight pay-if-paid clauses in construction contracts between General Contractors and Subcontractors. SB550 effectively nullifies, for both private and public construction contracts, the “condition precedent” pay-if-paid clauses that are sometimes the bane of a subcontractor’s existence. The Virginia House of Delegates passed […]