A recent lawsuit filed in California over the proper documentation necessary for LEED certification (discussed in detail at the Green Building Law Update) emphasizes the fact that, no matter how detailed the LEED certification process seems to be, a mere reference to that process or a certain level of LEED certification is far from sufficient […]
“Green” Expectations. . . or Just Expectations (“green” is not a specification; it’s a paint color)
I was having a discussion regarding “green” building with my friend and recent guest poster here at Musings, Nick Pacella (@nmpacella) this past week and (as often happens when I chat with the great folks in the construction world) it got me to thinking. Is “Green” its own separate category of construction, or just another […]
Should a General Contractor Tell a Sub that its Bid is Too Low?
A recent article by my pal, and occasional guest poster, Craig Martin (@craigmartin_jd) asks the question: “Does a General Contractor Have to Tell a Subcontractor that its Bid is Too Low?” In his great post on a recent Nebraska decision concludes that the answer is no, so long as the subcontractor had all of the […]
Think Twice About Heading to Court with a Construction Claim
Here at Construction Law Musings, I have discussed many areas of the law relating to construction claims. Most of this discussion has focuses on the claim itself, whether made by breach of contract lawsuit, payment bond claim or mechanic’s lien. The latter two of these types of claims can and should lead to collection, either […]
The Nuts and Bolts of a Payment Bond Claim in VA
After a week off from posting, much of it dealing with payment bond claims, I am back with a basic, but necessary refresher on these claims. A payment bond on a construction project (whether private or public) gives an unpaid subcontractor or supplier another collection option outside of a breach of contract action, or in […]