As any reader of Construction Law Musings knows, payment bond claims are a big part of my law practice. You have also likely read through the federal cases relating to the Miller Act that you can find here. On trend in these federal cases in the Virginia district courts is that determining set off rights […]
Be Sure to Check out This Fall’s Annual Construction Law Seminar
Are you a Virginia construction attorney? Would you like to knock out a full year of CLE credit (including Ethics) in one fell swoop? Want to have a great time meeting and networking with some of the best construction attorneys in Virginia? Want to hear me speak along with friend and fellow Construction Law and […]
Think Twice About Heading to Court with a Construction Claim
Here at Construction Law Musings, I have discussed many areas of the law relating to construction claims. Most of this discussion has focuses on the claim itself, whether made by breach of contract lawsuit, payment bond claim or mechanic’s lien. The latter two of these types of claims can and should lead to collection, either […]
The Nuts and Bolts of a Payment Bond Claim in VA
After a week off from posting, much of it dealing with payment bond claims, I am back with a basic, but necessary refresher on these claims. A payment bond on a construction project (whether private or public) gives an unpaid subcontractor or supplier another collection option outside of a breach of contract action, or in […]
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, […]