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 […]
Reckless Disregard is. . . Well. . .Reckless
Originally posted 2017-12-25 10:00:02. Punitive damages are hard to come by in construction law cases. This is because almost all construction contract cases are exactly that: contract cases. Between the economic loss rule and the Virginia Courts’ almost (though not completely) impregnable wall between tort and contract, punitive damages may seem completely out of the […]
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 […]
Builders Association Seeks to Cut Down Grassroots Green Building Program (Guest Post)
Originally posted 2010-12-31 09:00:58. For this week’s year end Guest Post Friday here at Musings, we welcome Michael Anschel. Michael is the owner of Otogawa-Anschel Design-Build, a member of BATC, lead the development of and serves as a board member to MN GreenStar, the CEO of Verified Green, Inc., and writes the green blog for […]
When is Forum Selection in a Construction Contract Enforceable?
If there is one mantra that is repeated often here at Construction Law Musings, it is that your construction contract will be strictly construed and Virginia Courts will enforce the provisions as written. This rule includes forum selection clauses. For those that aren’t attorneys, this means that absent a statute to the contrary, the parties […]