Originally posted 2016-11-30 09:00:25. The world of the Owner, Contractor, Subcontractor “straight line” project model is long gone. Increasingly complex construction needs for commercial owners require the services of numerous trades, and even multiple “prime” contractors at times, to perform the various stages of construction. Because of the complex and multi-employer nature of the modern […]
Don’t Breach Your Contract, but If You Do, Don’t Breach First
Well, it’s been a while since my last post here at Musings due to travel, work, Thanksgiving, etc. so I thought I’d let a recent case remind us all that while breaching a construction contract is bad, doing it first is even worse. This is the so called “doctrine of first breach” that basically states […]
Congratulations, You got Paid! Or Did You?
Originally posted 2010-01-22 09:00:24. Contractors are feeling the pinch in today’s financial climate. Payments are being made slowly if at all. Clients unreasonably expect perfection despite the numerous moving parts on a commercial construction project (not to mention the mantra that “Murphy was an optimist”). In such a climate, getting a check that won’t bounce […]
Mechanic’s Liens and Contracts: A Roundup
Originally posted 2013-11-28 10:00:30. Image via Wikipedia Musings thought that it would step away from its discussion of “green” construction to discuss a few interesting construction cases that came down recently in the Commonwealth of Virginia. The first of these is another warning to contractors that arbitration provisions can be waived by conduct. In Shoosmith […]
Yet Another Reminder to ALWAYS Show Up for Court
If there’s one admonishment I’ve given a lot at this construction law blog, it is to be very careful with mechanic’s liens. This post is not about that. This post is about another major piece of advice that has been set out here at Construction Law Musings, namely, always show up for court and respond […]