Originally posted 2016-12-19 10:00:35. Over the past week or two I’ve been covering HB 1265, a bill that was working its way through the Virginia General Assembly legislative sausage making process. I gave you my thoughts on the original bill as written and then on the somewhat better (though far from perfect) amended bill. Well, […]
Why Attorney Fees Provisions Must Be in Your Contracts
Originally posted 2015-01-22 09:35:10. This past July, the Roanoke Circuit Court reminded us all of the need to put attorney fees provisions in construction contracts. In the case of Shen Valley Masonry, Inc. v. Thor, Inc., et al., the Court, among other rulings, allowed the defendant to collect its attorney fees because Thor had such […]
Forgot to File a Mechanic’s Lien in Time? All is not Lost.
Originally posted 2011-04-25 09:00:37. I spend a lot of time on the subject of mechanic’s liens here at Construction Law Musings. I do this because these creatures of Virginia state statute have very specific requirements and the slightest mistake in timing or content can lead to loss of your rights to enforce a mechanic’s lien […]
You Have Choices (Litigation Versus Mediation)
Originally posted 2013-10-29 09:30:50. As I sit here thinking about an impending trial in the Goochland County General District Court, it hit me that I also serve as a mediator in that court from time to time. Coincidentally, I will be “wearing both hats” (litigator and mediator) this week on back to back days. It […]
If You Think Only Lawyers Preach a Good Contract
Originally posted 2013-07-30 09:00:41. Here at Construction Law Musings, we always preach that a good contract is the best way to start a project off right. No only do the Virginia courts enforce these contracts to a “T,” a well drafted contract can and does set the expectations for both sides so that those wonderful […]