As I was contemplating the holidays as I sit here at work (but not for much longer), I came across this great post from my friend and colleague Kriss Wilson of the EDD: Issues, Law and Solutions blog. It made me think about the little things and the story in this post pretty much sums […]
Sometimes Fraud and Construction Contracts Mix
As I have discussed at Musings on several occasions, the general rule in Virginia is that fraud and construction contracts do not mix. In other words, most of the time, even where a contractor clearly misrepresents the work performed, an owner can only recover in contract, and not for fraud with its potential for punitive […]
Why Build2Sustain?
Let me start by saying how honored I am to be a part of the Build2Sustain advisory board. When James Bedell (@jamesbedell on Twitter) first approached me, I was floored. With all of the other great attorneys out there who deal in the “green building” arena (see the links to some of their sites in […]
Mechanic’s Liens and Contracts: A Roundup
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 Bros., Inc. v. Hopewell […]
Quick Primer on Virginia Mechanic’s Lien Law
If you have spent significant time in the construction business, you have encountered instances where (i) your construction contract has been breached, (ii) you have not been paid, and (iii) you need to file a mechanic’s lien. Some basic business practices, however, will help ensure that your lien rights are maximized and your claim preserved. […]