Originally posted 2016-09-22 10:32:51. Did you think that a subcontractor had to name a general contractor in a mechanic’s lien suit? I did. Did you think that nothing about this changed in the case where a Virginia mechanic’s lien was “bonded off” pursuant to Va. Code Section 43-71? I did. Well, a recent Virginia Supreme […]
Happy Halloween from Construction Law Musings
This crazy year more than most, I wish all of my readers a happy and fun Halloween. I hope your days are filled with well-carved jack-o-lanterns and that the kids in your neighborhood have fun dressing up and showing off their costumes. Have a happy and safe Halloween from Construction Law Musings! As always, I […]
To Require Arbitration or Not To Require Arbitration
Originally posted 2014-12-15 09:00:36. Many, if not most, construction contracts that I review during the course of my practice day include a mandatory arbitration clause. Most of these refer in a blanket manner to AAA Construction Industry Rules. The topic for this post is not whether such clauses are enforceable or whether they are one […]
Quick Note: Be Careful with Pay if Paid Clauses (Both Subcontractors and General Contractors) (now with a caveat)
Originally posted 2015-06-15 09:00:38. Aside from waiver of lien rights (something that will be illegal in Virginia after July 1, 2015), the most troublesome contractual impediment to payment for a subcontractor or supplier on a project often is the “pay if paid” clause. As a general rule, in Virginia, these clauses where drafted in the […]
Accounting for Payments on Projects Became Even More Crucial This Year
I discussed several of the statutory changes affecting the construction industry here at Construction Law Musings in the run-up to July 1, 2020. One of those changes, an amendment to Virginia Code Section 43-13, may add another arrow to the collection quiver of subcontractors and suppliers. As part of the previously-linked rundown, I highlighted one […]