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 […]
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 […]
Building the Secondary Market for Reclaimed Building Materials
Originally posted 2011-07-22 16:00:06. For this week’s guest post Friday, Musings welcomes Mark Rabkin of Deconstruction Management, Inc., the first, dedicated, for-profit deconstruction management firm in the country. Based in Northeast Ohio, it through all stages of building removal from property acquisition to deconstruction to recycling and architectural salvage. With 10 years of professional experience […]
Unjust Enrichment and Express Contract Don’t Mix
I am a huge fan of clearly written construction contracts. Virginia state and federal courts will interpret contract provisions as written and will seek to enforce all of those terms where possible. Where the contract is ambiguous, we construction attorneys make money and the courts are forced to make decisions that the parties may not […]