Much discussion has hit the web recently regarding the role that construction lawyers have had relating to the construction industry. Unfortunately, most of this discussion has focused on the negative aspects of lawyer involvement in construction contracting. A recent Viewpoint article in ENR magazine opines that much of the delay, expense and other issues plaguing […]
The Streak Continues: 7 Years of Legal Elite in Construction
Wow, 7 years and counting as a member of the Virginia Business Magazine’s Legal Elite in the Construction category! It is always wonderful to be recognized by your peers and colleagues for the hard work that you do. This is particularly true for a solo construction lawyer like me where I don’t have a […]
Update on the No License, No Lien Bill
Remember a month ago when I discussed a bill in the House of Delegates requiring a license number on any memorandum of mechanic’s lien in Virginia? Since that original post, the bill moved to the Virginia Senate and eventually passed with a few, laudable, tweaks. Where the original bill made no concession for the possibility […]
Sometimes Scope Of Work Isn’t Obvious
We discuss contracts often here at Construction Law Musings. Why? Because in most states, and particularly in my home state of Virginia, the contract creates the “law” that will govern your interaction on a construction project. In construction, every word of the contract will be read carefully in the event of a dispute. You need […]
Oh No! The Surety Went Belly Up! Now What?
Here at Construction Law Musings, I have often discussed payment bond claims under the federal Miller Act and its state specific analogs (so called “Little Miller Acts“). Most of these discussions have assumed without actually stating that the surety carrying the payment bond would be solvent and available to pay any judgment against it. Unfortunately, […]