Originally posted 2011-07-25 09:00:48. Recently, the legal/construction blogosphere (if that’s still a word) has been discussing a move by Ohio State University to eliminate the need for construction payment and performance bonds on public projects for the university. Needless to say, this move is not popular with certain portions of the construction industry. In fact […]
Dump Site Provider Has Valid Little Miller Act Claim
Originally posted 2012-09-17 09:00:40. You may have thought that a Virginia “Little Miller Act” bond claim, like a mechanic’s lien, could only be brought by those that provide materials and labor incorporated into the construction project. If you did, you aren’t alone.
Quick Note: Be Careful with Pay if Paid Clauses (Both Subcontractors and General Contractors) (now with a caveat)
Originally posted 2015-06-15 09:00:38. Aside from waiver of lien rights (something that will be illegal in Virginia after July 1, 2015), the most troublesome contractual impediment to payment for a subcontractor or supplier on a project often is the “pay if paid” clause. As a general rule, in Virginia, these clauses where drafted in the […]
Bond Principal Necessary on a Mechanic’s Lien Claim
Originally posted 2013-10-23 09:15:48. As anyone that reads this construction law blog knows, mechanic’s liens are a big part of the Virginia landscape for a construction attorney like me. One option for dealing with a mechanic’s lien here in Virginia that we have not discussed but so often is the ability to “bond off” a […]
Termination, Warranty Claims and Back Charges
Originally posted 2015-08-21 09:00:13. For this week’s Guest Post Friday here at Musings, we welcome Jim Fullerton. Jim is the President of the law firm of Fullerton & Knowles, P.C., which has attorneys licensed in Virginia, Maryland, Pennsylvania, and the District of Columbia, is a Martindale Hubbell Peer Rated Lawyer AV® Preeminent.™ The firm represents […]