Originally posted 2013-09-20 09:00:39. Here at Construction Law Musings, I have discussed the interaction between fraud and contracts on many occasions. Recently, I got to put my advice into action. I am counsel for the plaintiff in the matter of Environmental Staffing Acquisition Corp. v. Beamon, et. al. in the Portsmouth, VA Circuit Court and […]
Is Arbitration Always the Answer?
Originally posted 2016-04-19 10:50:36. After a long (for me) hiatus due to Spring Break with my wonderful family followed by a crazy last two weeks for both personal and business reasons, I’m back and ready to muse again. This week’s “musings” concern a topic that arises often in construction contracts and construction dispute resolution. The […]
Pay If Paid, Pay Attention Subs
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 […]
In Contracts, One Word Makes All the Difference
Originally posted 2011-06-16 08:24:44. Here at Musings, I sometimes feel as if I am beating the “contract is king” drum to death. However, each time I start to get this feeling, a new case out of either the Virginia state courts or the Fourth Circuit Court of Appeals here in Richmond reminds me that we […]
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 […]