Originally posted 2009-09-25 09:00:00. For this week’s Guest Post Friday, Musings welcomes Timothy R. Hughes, Esq., LEED AP. Tim (@vaconstruction on Twitter) is Of Counsel to the Arlington, Virginia firm of Bean, Kinney & Korman, P.C. In his practice as a business, corporate, and construction law attorney, Tim served as the previous Chair of the […]
Contract Construction Smarts: Helpful Provisions for Dispute Resolution
Originally posted 2010-11-19 10:58:33. For this week’s Guest Post Friday, Musings welcomes back Doug Reiser (@douglasreiser), though from new digs. Doug is a construction attorney, LEED AP and the principal at Reiser Legal LLC in Seattle, WA. His office provides effective construction counsel for businesses in the construction industry. He also runs the Builders Counsel […]
Yet Another Reminder that Tort and Contract Don’t Mix
I have stated on numerous occasions here at Musings that in Virginia, contract claims and tort claims (read fraud) don’t mix. A recent case from the Federal District Court for the Eastern District of Virginia presents another example of this principle. In Itility LLC v. The Staffing Resource Group, Judge Ellis of the Alexandria Division, […]
Q: What can you lien? A: What did you bring to the project?
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 […]
Don’t Waive Too Much In Your Mechanic’s Lien Waiver
In the past few years, the Virginia General Assembly has, with certain caveats, precluded pre-furnishing waiver of mechanic’s lien rights. While this essentially outlawed the types of mechanic’s lien waiver clauses that pervaded construction contracts in Virginia, the key to the previous sentence is “pre-furnishing.” What the General Assembly left intact were the usual waivers […]