Originally posted 2015-08-21 09:00:13. For this week’s Guest Post Friday here at Musings, we welcome Jim Fullerton. Jim is the President of the law firm of Fullerton & Knowles, P.C., which has attorneys licensed in Virginia, Maryland, Pennsylvania, and the District of Columbia, is a Martindale Hubbell Peer Rated Lawyer AV® Preeminent.™ The firm represents […]
Contract Necessities: Don’t Leave Home Without ‘Em!
Originally posted 2011-06-10 09:00:17. For this week’s Guest Post Friday here at Musings, we welcome a return post from Melissa Dewey Brumback. Melissa is a litigation partner at Ragsdale Liggett PLLC in Raleigh, North Carolina where she focuses on construction law issues. She maintains a blog for construction professionals called Construction Law in North Carolina. She can […]
Another Reason to be Careful Before Walking
Originally posted 2011-12-05 14:36:35. We have discussed issues that may arise in the context of a residential construction project. Because most homeowners are not sophisticated in the ways of construction (and really shouldn’t be) expectations are key and keeping your nose clean as a contractor is key. Courts in some instances will lean toward the […]
No Miller Act Setoff for Non-Federal Claims
Originally posted 2015-04-21 10:03:29. Musings is back! And a great case for subcontractors on federal projects came out of the U. S. District Court for the Eastern District of Virginia last month. The Court in U. S. ex rel Acoustical Concepts, Inc. v. Travelers Casualty and Surety Co. of America, et. al. held that, despite […]
Reminder: Pay if Paid Not All Encompassing (but Could it be?)
Originally posted 2011-11-04 09:00:46. On numerous occasions, I have discussed the need to be careful with so-called “pay if paid” clauses in construction contracts. While such clauses are enforceable in Virginia (when phrased correctly), there are exceptions and limitations (for instance in the Miller Act context). One such exception (that I frankly would have thought […]