Thoughts on construction law from Christopher G. Hill, Virginia construction lawyer, LEED AP, mediator, and member of the Virginia Legal Elite in Construction Law

Mechanic’s Liens

Virginia Mechanic's LiensGiven the economy and the construction landscape, mechanic’s liens are becoming more and more useful and necessary. This is particularly true in Virginia where mechanic’s liens are perfected upon filing of the lien and therefore they are a secured claim in a bankruptcy court. Please check out the posts on this page (or click here if on a mobile device) for more on this important tool in a construction contractor or subcontractor’s collection arsenal.

Once you have read these posts, please contact an experienced construction attorney to make sure that you meet all of the specific and technical requirements for filing and maintaining a mechanic’s lien action in Virginia.

Simplifying North Carolina’s Mechanic’s Lien Agent Process: NC’s New Online Clearinghouse

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Originally posted 2013-03-29 09:00:54. For this week’s Guest Post Friday at Construction Law Musings, we welcome back Bryan G. Scott.  Bryan (@winstonattorney) is an attorney at Spilman Thomas & Battle, PLC and co-Chair of  the firm’s Construction Practice Group Thank you to Chris for the opportunity once again to guest post here at Construction Law

Are Mechanic’s Liens the Be All End All of Construction Collections?

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For those of you familiar with Construction Law Musings, you are aware of my affinity and discussion of those powerful but tricky collection tools: mechanic’s liens.  You have heard me tout their ability to secure payment when a contractor or subcontractor has not been paid on a construction project (even in the face of bankruptcy). 

A Lien By Any Other Name Can Sound Just As Sweet

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Originally posted 2014-08-04 09:00:11. For this weeks Guest Post Friday here at Musings, we have our first three time guest poster.  Scott Wolfe, Jr. (@scottwolfejr on Twitter) is a construction lawyer practicing in Washington, Oregon and Louisiana.   He is the founding member of the bi-coastal construction law boutique practice, Wolfe Law Group.  He is also

Bankruptcy and the Virginia Mechanic’s Lien

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Originally posted 2015-04-06 09:00:30. Image via Wikipedia Unfortunately, developer bankruptcies are very much in the news these days. This news, while unsurprising in today’s economy and given the housing issues that hit last year, can give heartburn to those contractors that perform the site work, pave the roads, and of course build the houses at

Mechanic’s Liens- Big Exception

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Originally posted 2012-11-12 09:00:03. Image via Wikipedia Musings has discussed mechanic’s liens on numerous occasions. As we discussed in earlier posts, the general rule is that a mechanic’s lien jumps to the head of the line of liens when filed. This is true in most instances. In the typical case, a contractor puts up a

Do We Really Want Courts Deciding if Our Construction Contracts are Fair?

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Originally posted 2015-03-17 10:06:56. As I posted recently, the Virginia General Assembly has passed, and I can see no reason why the governor won’t sign, a bill that would essentially invalidate preemptive contractual waivers of lien rights as they relate to subcontractors and material suppliers.  It does not apply to General Contractors, but it is

Be Sure to Bring Up Any Mechanic’s Lien Defenses Early and Often

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As those of you who regularly read Musings are aware, mechanic’s liens are a big part of my law practice and a big issue here at this construction law blog.  I’ve discussed the picky requirements of the mechanic’s lien statutes in Virginia and how the 90 and 150-day rules are strictly enforced. However, a recent

Early Action on Your Construction Contract is Key

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Originally posted 2014-09-23 10:59:49. I bang the drum of early and frequent consultation with one of us construction attorneys on a regular basis here at Musings and in other places of the “blawgosphere.” Why do I do this?  Doesn’t such consultation help to avoid the problems that seem to make those of us in the