Tag: Notice

What Counts as Adequate Opportunity to Cure?

Here at Musings, we like to discuss (likely more than readers would like) the fact that in Virginia, the contract is king and its terms will be looked at carefully by the courts. One of those provisions that will be looked at carefully is the so-called “cure period.”  The “cure period” is the time that a subcontractor has to fix any non-compliant construction after receiving notice of any deviation from the contract documents that must be fixed. Continue reading What Counts as Adequate Opportunity to Cure?

Construction in the Time of Coronavirus

One cannot look at one’s phone, computer, or even the road outside the window without seeing signs of the impact that coronavirus (COVID-19) is having on the world at large.  Schools are shut down, traffic is lighter and there is a daily count of new confirmed cases, in Virginia and elsewhere.  “Social distancing” is the buzzword of the day.  I am writing this post from a home office because of CDC and other guidance regarding the best way to “flatten the curve.”  We have all been told to avoid large groups and stay close to home. Continue reading Construction in the Time of Coronavirus

The Cloud Dissipates (a bit)

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 adds an extra, and unnecessary, notice requirement for Virginia home builders that will only add to the cost of doing business.

Continue reading The Cloud Dissipates (a bit)

New North Carolina Lien Laws Take Effect Next Week. Are You Ready?

For this week’s Guest Post Friday at Construction Law Musings, we welcome back Bryan G. Scott.  Bryan (@winstonattorney) is an attorney at Spilman Thomas & Battle, PLC and co-Chair of  the firm’s Construction Practice Group.  His primary areas of practice are commercial and business litigation, construction law and litigation, insurance coverage and bad faith, and products liability defense.

The North Carolina construction world was abuzz during 2012 about new legislation bringing significant changes to North Carolina’s mechanic’s lien and payment bond laws.  Governor Perdue signed SB 42 and HB 1052 into law.  Key provisions of the laws are set to take effect on January 1, 2013, with other changes coming on April 1, 2013.  Chief among these are the establishment of a new construction actor, the “lien agent,” and new procedures for serving and perfecting claims of lien upon funds and on real property.

With these changes upon us, it is crucial that contractors, suppliers, and their attorneys understand and are prepared to meet these statutory requirements.  This post discusses a few of the more significant changes to existing lien laws, but it is important to note that the new legislation impacts other areas as well, including contractor lien waivers and payment bonds on public projects.

Continue reading New North Carolina Lien Laws Take Effect Next Week. Are You Ready?

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