Originally posted 2021-01-14 15:53:02. Regular readers of this construction law blog are likely tired of my refrain that the contract is king here in Virginia. With few exceptions, some of which have been passed in the last few years, the contract can and does essentially set the “law” for the transaction. A recent opinion from […]
Happy Thanksgiving from Construction Law Musings!
It is that time of year again when I find it appropriate to reflect on the great things in my life. As I sit here with my family on Thanksgiving Day 2023, I have much to be thankful for. I have a thriving construction law practice, great clients, wonderful friends, and of course, the best, […]
Be Sure to Bring Up Any Mechanic’s Lien Defenses Early and Often
As those of you who regularly read Musings are aware, mechanic’s liens are a big part of my law practice and a big issue here at this construction law blog. I’ve discussed the picky requirements of the mechanic’s lien statutes in Virginia and how the 90 and 150-day rules are strictly enforced. However, a recent […]
Virginia General Assembly Tweaks Pay-if-Paid Ban
Last year, the Virginia General Assembly passed into law a ban on the so-called pay-if-paid clauses, effective January 1, 2023. I shared my thoughts and concerns with the legislation as drafted at the time of its passage. During this most recent legislative session, and among some other construction-related bills, the General Assembly sought to clarify […]
Construction Contract Terms Matter. Be Careful When You Draft Them.
Originally posted 2022-01-28 12:15:02. In a prior post, I discussed the case of Fluor Fed. Sols., LLC v. Bae Sys. Ordinance Sys in the context of the interplay between fraud, contract, and statutes of limitation. Some cases just keep on giving. This time the case illustrates the need for careful drafting of those pesky, and […]