I hope that headline got your attention because this is a reminder to contractors and subcontractors that the Virginia mechanic’s lien statute has several different time limits. One is the 90 day statute of limitations on filing your memorandum. This “90 day rule” is generally well known among construction professionals I talk to and work […]
A Great VA Supreme Court Opinion on Mechanic’s Liens
Mechanic’s liens are dear to my construction lawyer’s heart, and I write about them often here at Construction Law Musings. I try and cover everything from the General Assembly making changes to the rules, to general discussions of recent cases. Recently, a great case came out of the Virginia Supreme Court that gives great insight […]
Musings and Construction Featured in the Virginia Lawyer February Issue
Thanks to Virginia Lawyer, the magazine of the Virginia State Bar for its feature on construction law and in particular the Construction Law and Public Contracts Section. The set of features in this month’s issue (check it out through the link above) highlight construction law and attorneys through articles covering topics from ADR to bankruptcy. […]
Raising Your BIM Fluency
For this week’s Guest Post Friday here at Construction Law Musings, we welcome newcomer Lauren McLaughlin. For over a decade, Lauren has devoted her law practice to representing professionals in the construction industry. When she is not drafting contracts, negotiating change orders, litigating trials, or doing site visits as project counsel, she speaks at a […]
No Recoupment Defense to Supplier’s Miller Act Claim
We’re back on the Miller Act train here at Musings. Recently, the Alexandria, VA Federal District Court revisited the issue of whether the failure of a subcontractor to pay its supplier provides a general contractor and its surety with a defense to a Federal Miller Act bond claim. The short answer is “No.” In U.S. […]