Originally posted 2015-05-25 10:00:41. Well, the office is closed and I am enjoying the day off with my family and friends and I hope that you are doing the same. Here’s wishing all of the readers of this construction law blog a great Memorial Day. Thanks for your readership and comments and a special thank […]
Don’t Waive Too Much In Your Mechanic’s Lien Waiver
In the past few years, the Virginia General Assembly has, with certain caveats, precluded pre-furnishing waiver of mechanic’s lien rights. While this essentially outlawed the types of mechanic’s lien waiver clauses that pervaded construction contracts in Virginia, the key to the previous sentence is “pre-furnishing.” What the General Assembly left intact were the usual waivers […]
Trust Your Gut When Deciding Whether to Sign a Construction Contract
Originally posted 2014-03-31 09:00:24. Last week’s Construction Law Musings were about the need to communicate before, during and after a construction project. This week, I continue my thoughts on some business practices that make my life as a construction attorney and adviser (not to mention your lives as construction professionals) easier and less stressful. This […]
Reminder: Pay if Paid Not All Encompassing (but Could it be?)
Originally posted 2011-11-04 09:00:46. On numerous occasions, I have discussed the need to be careful with so-called “pay if paid” clauses in construction contracts. While such clauses are enforceable in Virginia (when phrased correctly), there are exceptions and limitations (for instance in the Miller Act context). One such exception (that I frankly would have thought […]
Why Do I Teach? To Learn Something of Course!
A week ago on Thursday and Friday August 29 and 30, 2019, I had the pleasure of co-teaching a two day module on Contract Administration for the Project Manager Development Program created by the Associated General Contractors of America. This was my favorite kind of class, a class for mostly young construction professionals looking to […]