Business of Construction Construction Law Contracts Mechanic's Liens

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 […]

Business of Construction Construction Construction Law

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 […]

Construction Law Contracts

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 […]

Business of Construction Construction Construction Law

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 […]

Announcements Construction Law

Happy Labor Day from Construction Law Musings

My how the summer has flown by!  My two older kids are back at their respective colleges, my oldest in her last year before heading out into the “real world,” and my youngest starts her junior year of high school tomorrow.  The family time that the kids’ summer break allows always goes by way to […]

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