Originally posted 2012-09-17 09:00:40. You may have thought that a Virginia “Little Miller Act” bond claim, like a mechanic’s lien, could only be brought by those that provide materials and labor incorporated into the construction project. If you did, you aren’t alone.
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 […]
Happy Labor Day from Construction Law Musings
My how the summer has flown by despite some COVID-19 related challenges! My oldest has graduated and is employed, my second is in his senior year in college, and my youngest starts her “virtual” senior year of high school tomorrow. The family time that the kids’ summer break allows always goes by way to fast. […]
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 […]
Another Way a Mechanic’s Lien Protects You
Originally posted 2016-09-14 09:29:29. Here at Construction Law Musings, we have discussed mechanic’s lien law in Virginia on multiple occasions. We have discussed everything from the very picky nature of the perfection and enforcement of these liens to the changes that the Virginia General Assembly periodically makes to these requirements and how to defend against […]