Originally posted 2010-08-31 10:09:40. Recently, we all had yet another reminder that the Virginia Courts will strictly construe even the strictest of payment conditions. In the W. O. Grubb Steel Erection Co. v. 515 Granby, LLC case (full text of opinion in .pdf here), Suburban Grading and Utilities found this out in spades, much to […]
Where Mechanic’s Liens and Contracts Collide
Originally posted 2011-03-21 09:21:07. Today at Construction Law Musings, we’re back to a discussion of mechanic’s liens. This past week, the Loudoun County Circuit Court here in Virginia had an opportunity to discuss the interaction between mechanic’s liens, contracts and the law of fixtures. In TWP Enters. v Dressel, the Court considered a provision of […]
Be Ready to Lien in 2009 (but Be Careful!)
Originally posted 2010-07-30 12:28:30. 2009 is likely to be a year in which many construction liens are filed. As all of us in construction know, and as reported in the AGC SmartBrief, the beginning of 2009 and through 2010 will likely show an even greater downturn in the commercial and residential markets. These economic times […]
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 […]
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 […]