Tag Archives: Cause of action

Reminder: Second Tier Subcontractors Have Miller Act Claim

Posted on August 1, 2023 by Christopher G. Hill • 1 Comment

Bond Claims, Construction, Construction Law

Originally posted 2013-02-11 09:00:06.

English: Alexandria, Virginia U.S. Custom Hous... — English: Alexandria, Virginia U.S. Custom House and Post Office (1900)

Here at Construction Law Musings, we often discuss the Federal Miller Act and its Virginia equivalent (the “Little Miller Act“). These two statutes provide subcontractors on government projects (on which no mechanic’s lien can attach) the protection of payment and performance bonds.

One question that often arises in this context is which subs can claim against the payment bond. Recently, the Eastern District of Virginia District Court affirmed that a second tier subcontractor has the right to claim against a payment bond under the Federal Miller Act. In U.S. ex rel IGW Electric LLC v. Scarborough, the Virginia federal court considered the claim of an electrical “sub-subcontractor” which held a contract with the subcontractor to build cottages in Norfolk, Virginia for the U. S. Navy.

Be Careful With Construction Fraud Allegations

Posted on February 26, 2016 by Christopher G. Hill • 2 Comments

Business of Construction, Construction Law

Here at Construction Law Musings we have discussed the intersection of contracts, construction and fraud on several occasions. We’ve even discussed how such fraud can bleed over from the civil to the criminal. Recently, the Virginia Supreme Court weighed in again on the question of construction fraud and criminal allegations. In O’Connor v. Tice, the

Contractors – Know Your State’s Consumer Protection Laws

Posted on November 25, 2015 by Christopher G. Hill • 0 Comments

Business of Construction, Construction Law, Contracts, Guest Post Friday

For this week’s Guest Post Friday, we welcome back Nathan B. Hinch. Nate is an attorney at the law offices of Mueller, Reece & Hinch, LLC in Bloomington, Illinois, where his practice includes advising real estate, construction, environmental, and other businesses regarding the law, and represents them in conflict mitigation and resolution efforts, including arbitration,

The Economic Loss Rule Applies Only to Products Liability Cases, at least in Florida

Posted on September 1, 2014 by Christopher G. Hill • 2 Comments

Construction, Construction Law, Contracts, Guest Post Friday

For this week’s Guest Post Friday here at Construction Law Musings, we welcome a friend and sometime co-presenter Craig Martin. Craig (@craigmartin_jd) is a partner in the law firm of Lamson Dugan and Murray, LLP in Omaha, Nebraska. He has a background and experience in all aspects of construction law. As part of his practice

Think Twice About Heading to Court with a Construction Claim

Posted on June 30, 2014 by Christopher G. Hill • 2 Comments

Business of Construction, Construction, Construction Law

Here at Construction Law Musings, I have discussed many areas of the law relating to construction claims. Most of this discussion has focuses on the claim itself, whether made by breach of contract lawsuit, payment bond claim or mechanic’s lien. The latter two of these types of claims can and should lead to collection, either

About Musings

I am a construction lawyer in Richmond, Virginia, a LEED AP, and have been nominated by my peers to Virginia's Legal Elite in Construction Law on multiple occasions. I provide advice and assistance with mechanic's liens, contract review and consulting, occupational safety issues (VOSH and OSHA), and risk management for construction professionals.

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