Last week we discussed the groundwork and circumstances of a construction claim. This week’s post will discuss the next steps, hopefully, short of full-blown arbitration or litigation that you, as a construction company, can pursue presuming your claim has been properly preserved. If your contract requires certain steps such as informal resolution attempts or other […]
Reminder: Quantum Meruit and Breach of Construction Contract Don’t Mix
Construction contracts (preferably written ones) are near and dear to my heart here at Construction Law Musings. In a world where the contract is king, having a written construction agreement is a key component of any properly run construction project. However, even with the best construction contract there are claims (Murphy was an optimist after […]
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. […]
Fraud, Construction Contracts and Change Orders- A Roundup
Musings will be leaving the “green” reservation for a bit and discussing more mundane, though no less relevant, issues that arise in the construction world. One interesting note is that the Virginia Storm Water Regulations were recently updated and are open to public comment. If you are affected by these regulations, be sure to make […]
Repudiation, Termination and Negotiation in Construction Cases (An Appellate Perspective)
For this week’s Guest Post Friday here at Musings, we are happy to get appellate lawyer, Jay O’Keeffe‘s perspective on construction cases for a second time. Jay (@jayokeeffe) practices business and appellate litigation with Gentry Locke Rakes & Moore in Roanoke, VA. He can reached at 509-983-9459 or at his blog, De Novo. I was […]