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 […]
Some Construction Nuggets to Consider
Originally posted 2012-02-24 09:00:08. For this week’s Guest Post Friday here at Musings, we welcome a good friend, Brett Marston. Brett is the head of the construction law practice group at Gentry Locke Rakes & Moore in Roanoke, Va. and a member of the firm’s management committee. He is AV-rated by Martindale-Hubbell and has extensive […]
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 […]