Back in 2015, the Virginia General Assembly amended the mechanic’s lien statute (Va. Code 43-3) here in Virginia to preclude any contractual provision that diminishes a subcontractor or supplier’s “lien rights in a contract in advance of furnishing any labor, services, or materials.” However, this amendment was only applicable to subcontractors and suppliers. For political […]
The Occasional Gap Between “Truth” and “Proof”
Originally posted 2012-07-09 09:00:04. You hear about burden of proof a lot in criminal cases. We hear it on TV and in the news on a regular basis. We hear it so often that it can be easy to forget that proof is a part of every dispute and/or trial, including those in my area […]
A Quick Checklist for Subcontractors
Originally posted 2017-01-26 10:29:28. After the last two weeks’ analyses of a couple of big construction decisions that came out recently, I thought I’d keep this week’s post practical and short for those that are not construction lawyers. So without further ado, here is a short checklist of the top things (aside from calling their […]
Another (Non-Dragas) Chinese Drywall Decision
Originally posted 2012-08-24 11:36:29. Here at Construction Law Musings, we’ve discussed the Dragas line of cases relating to Chinese Drywall. In those cases (for more, just plug in the word “Dragas” into the search field to the right of this post), the Court analyzed the insurance implications of remedial measures relating to Chinese Drywall. In […]
Review the Terms and Conditions of Purchase Orders- They Could be Important!
There are many moving parts on a commercial construction project. These range from site surveys to weather events to ordering materials. On most large construction projects, the prime contract and subcontracts are generally drafted ahead of time and hopefully reviewed by both in house personnel and an experienced construction attorney. However, there are situations, particularly […]