Originally posted 2015-03-17 10:06:56. As I posted recently, the Virginia General Assembly has passed, and I can see no reason why the governor won’t sign, a bill that would essentially invalidate preemptive contractual waivers of lien rights as they relate to subcontractors and material suppliers. It does not apply to General Contractors, but it is […]
Interesting Perspectives on Construction Law from Friends
Originally posted 2013-10-23 09:15:47. As I have been in a bit of the throes of writers block here at Musings (hey, it happens), I did what I always do and check the great sources of information in my blog roll and Feedly feeds for any fodder to discuss. In doing so, I ran across two […]
Thanks to Construction Law in NC
Originally posted 2012-09-20 12:00:31. I am always grateful for the opportunity to “muse” on other folks blogs. I am particularly grateful to Melissa Brumback (@melissabrumback) for the opportunity to discuss why contractors and subcontractors should “play nicely in the sandbox” at the great Construction Law in North Carolina blog. Here’s an excerpt from the post. […]
E-Mail Can Waive Arbitration (sometimes)- A Cautionary Tale
Originally posted 2010-12-11 10:00:10. We have discussed arbitration clauses at length here at Musings. From the judicious use of these clauses to help resolve disputes to waiver of rights under these clauses through inaction, arbitration clauses permeate the construction landscape. A recent case out of the Western District of Virginia Federal Court adds a new […]
Is Arbitration Okay Under the Miller Act? It Is if You Don’t Object
Originally posted 2014-10-13 09:15:01. I have discussed both payment bond claims under the Miller Act and alternate dispute resolution (ADR) here at Construction Law Musings on many an occasion. A question that is sometimes open is what to do when there is contractually mandated arbitration for claims “relating to the contract or the work.” While […]