For this week’s Guest Post Friday, Musings welcomes Jennifer Watt (@jenniferlwatt). Jennifer is an Indiana litigator with experience litigating construction disputes, representing surety companies and contractors following project defaults and advising on bankruptcy matters. Jennifer, maintains Legal Construction Zone, a blog built for Indiana construction professionals to monitor legal news and developments. Jennifer is an […]
Quick Primer on Virginia Mechanic’s Lien Law
If you have spent significant time in the construction business, you have encountered instances where (i) your construction contract has been breached, (ii) you have not been paid, and (iii) you need to file a mechanic’s lien. Some basic business practices, however, will help ensure that your lien rights are maximized and your claim preserved. […]
Be Careful with Arbitration Clauses in Construction Contracts
The Fairfax County Circuit Court has done it again. In Comer, et. al v. Goudie, et. al., CL 2008-2110 (December 11, 2008), the Fairfax Court considered the following: The Plaintiffs in the three suits decided by the Court entered into contracts with Timberline Design and Build, Inc. (“Timberline”) for the construction of their homes. The […]
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. […]
When a Subcontractor Should Walk Away
For this week’s Guest Post Friday, Musings welcomes a good friend, Andrea Goldman of the Home Contractor v. Homeowner and Massachusetts Builders Blogs. Andrea is the principal of a Newton, Massachusetts law practice specializing in construction, business, and real estate disputes. Goldman also prepares construction contracts and acts as a legal advisor for construction companies. […]