Originally posted 2015-01-22 09:35:10. This past July, the Roanoke Circuit Court reminded us all of the need to put attorney fees provisions in construction contracts. In the case of Shen Valley Masonry, Inc. v. Thor, Inc., et al., the Court, among other rulings, allowed the defendant to collect its attorney fees because Thor had such […]
Fraud and Construction Contracts- Like Oil and Water?
Originally posted 2014-11-27 10:00:21. We have discussed the interaction of fraud and breach of contract actions on occasion here at Construction Law Musings. In most cases the two do not mix. Between the economic loss rule and the general desire of Virginia courts to keep contract actions and tort actions separate, most of the time […]
After a Bid, When Do You Really Have a Deal?
Originally posted 2013-09-16 10:53:15. Construction contracts are a big part of any contractor, subcontractor, supplier or construction attorney’s daily life. Therefore, it is key to know when you actually have a contract. Is it after your bid is accepted and used by the Owner or General Contractor? Is it only after the subcontract is signed? […]
Forgot to File a Mechanic’s Lien in Time? All is not Lost.
Originally posted 2011-04-25 09:00:37. I spend a lot of time on the subject of mechanic’s liens here at Construction Law Musings. I do this because these creatures of Virginia state statute have very specific requirements and the slightest mistake in timing or content can lead to loss of your rights to enforce a mechanic’s lien […]
Construction Claims Need a Great Story
Originally posted 2011-04-15 09:00:59. For this week’s Guest Post Friday, Musings is lucky enough to have my pal Chris Cheatham of Green Building Law Update and his newly launched Construction Claims Playbook join us for a second time. Chris’ (@chrischeatham) law practice provides claims guidance to contractors. His mission is to deliver cost-effective counsel to […]