Originally posted 2014-10-31 09:00:28. Mechanic’s liens are a powerful tool when used correctly. However, as I have discussed on numerous occasions here and elsewhere, these tools must be wielded correctly if they are to be effective. Another case in point occurred recently in the Hanover, VA Circuit Court. In Dallan Construction Co. v. Super Structures […]
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 […]
Form Contracts are Great, but. . .
Originally posted 2011-06-24 09:26:58. Recently I was discussing the ConsensusDOCs with a colleague and friend and had a revelation. These forms are used often (though somewhat less than their AIA counterparts and less than they should be used). Quick disclaimer: I have been a part of a couple of drafting committees for ConsensusDOCs and am […]
Construction Contract Provisions that Should Pique Your Interest
Construction contracts are a big part of my legal practice and the drumbeat here at Construction Law Musings. Why? Because not only does your construction contract set the expectations and “rules of the game” for a construction project, it will be read strictly and literally by the Virginia courts should there be a dispute. For […]
90 and 150: Two Numbers You Must Know
Mechanic’s liens are a big topic here at Construction Law Musings. I’ve discussed everything from the picky nature of this powerful payment tool to the changes that are upcoming on July 1, 2019. Given the strict way that the form and timing of a Virginia mechanic’s lien is so critical, I thought a quick reminder […]