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 […]
Arbitration is Waivable (Even If You Don’t Mean To)
Be careful with how you act with arbitration clauses in your contracts. If you are not careful in how you act to enforce these clauses, you could find yourself stuck in court whether you like it or not. As I stated in a recent update to a post last month, the Fourth Circuit Court of […]
Green Building- Interesting Third Party Issues
As I was following some of the posts by @imadnaffa on Twitter, I came across a post by a consultant that guarantees LEED Certification. This got me thinking about the myriad issues relating to the third party certification aspect of adding such certification to construction contracts and the relationship of consultants to this process. Much […]