Originally posted 2015-10-14 15:52:20. Remember HB 1265 that I discussed here at Musings back on February 6, 2012? Well, thanks to the efforts of the AGC of Virginia among other groups affected by the bill, it has been amended and a substitute proposed. My thoughts on the latest changes? It is a good start, but […]
Reminder: Not Everything is Lienable
Originally posted 2010-11-25 10:00:10. We have discussed mechanic’s liens on many occasions here at Musings. Given the interest in this powerful collection tool, a contractor may think that this remedy, when used properly, will cover any provision of labor or materials to a project. We’ve discussed one exception to this seemingly universal rule previously. Another […]
With VA Mechanic’s Liens Sometimes “Substantial Compliance” is Enough (but don’t count on it) [UPDATE]
Originally posted 2017-08-10 10:29:16. Virginia mechanic’s liens are a powerful and tricky beast that in most cases require absolute precision in their preparation. However, an interesting opinion recently came out of the Virginia Supreme Court that may provide a bit of a “safe harbor” from the total form over function nature of a mechanic’s lien. […]
Another Reason for Contractors to Get Licensed in Virginia (UPDATED)
Originally posted 2013-01-28 09:00:45. I’ve discussed the need for licensing here at Musings. I’ve also discussed a recent attempt to mess with the residential notice requirements of the Virginia mechanic’s lien statute. A recent bill that made it out of House subcommittee, HB 1913, takes these two concepts and mixes the need for a contractors […]
Where Mechanic’s Liens and Contracts Collide
Originally posted 2011-03-21 09:21:07. Today at Construction Law Musings, we’re back to a discussion of mechanic’s liens. This past week, the Loudoun County Circuit Court here in Virginia had an opportunity to discuss the interaction between mechanic’s liens, contracts and the law of fixtures. In TWP Enters. v Dressel, the Court considered a provision of […]