One of the many items of construction law that has always been about as clear as mud has been the interaction between a contractual pay if paid clause and payment bond claims either under the Federal Miller Act or Virginia’s “Little Miller Act.” While properly drafted contractual “pay if paid” clauses are enforceable by their […]
Thank You for the Super Lawyers Nod
I am always appreciative and humbled to join the great lawyers who populate lists such as Legal Elite and Super Lawyers. Needless to say I am even more thankful when I get elected to a great list like the Virginia Super Lawyers this year in 2017, this time in the Construction Litigation category. So without […]
Construction Law Musings Hits the Beach
Well, I’m off for some fun in the sun for a week so I won’t be posting any new Musings this week. In the meantime, peruse the other posts on Virginia mechanic’s liens, bond claims and the like. Also be sure to check out my Guest Post Friday posts for different perspectives on the world […]
When Is Mandatory Arbitration Not Mandatory?
I have discussed my views on mandatory mediation in construction contracts at other places here at Musings and also discussed how the contract is king here in Virginia. A recent Charlottesville, Virginia Circuit Court case combined these two concepts to allow a subcontractor to proceed straight to litigation despite various ADR provisions in the contract […]
Subcontractors Must be Careful Providing Bonds when General Contractor Does Not
After I wrote the title to this post, I thought, “Well, that says it all, doesn’t it?” I also considered the fact that for those that read this construction law blog on a regular basis, I am likely stating the obvious. I then thought about the fact that there can be confusion regarding the purpose […]