We discuss contracts often here at Construction Law Musings. Why? Because in most states, and particularly in my home state of Virginia, the contract creates the “law” that will govern your interaction on a construction project. In construction, every word of the contract will be read carefully in the event of a dispute. You need […]
150 Reasons to Talk to a Construction Lawyer Early in a Project
I hope that headline got your attention because this is a reminder to contractors and subcontractors that the Virginia mechanic’s lien statute has several different time limits. One is the 90 day statute of limitations on filing your memorandum. This “90 day rule” is generally well known among construction professionals I talk to and work […]
No Recoupment Defense to Supplier’s Miller Act Claim
We’re back on the Miller Act train here at Musings. Recently, the Alexandria, VA Federal District Court revisited the issue of whether the failure of a subcontractor to pay its supplier provides a general contractor and its surety with a defense to a Federal Miller Act bond claim. The short answer is “No.” In U.S. […]
Why Contractors Should Notify Bonding Companies Quickly
With the rise in federal and state construction projects, and the need for contractors and other construction professionals to seek out these projects in the present economy, focus on the Miller Act and your state’s “Little Miller Act” is key. As a quick reminder, the Miller Act essentially requires that a general contractor carry a […]
Reminder: Don’t Waive Your Mechanic’s Lien Rights (or Bond Rights For That Matter)
Here at Construction Law Musings, I have discussed mechanic’s liens and bond claims and how these types of payment protections interact with construction contracts. Throughout these many posts, I have emphasized both the technical and picky nature of mechanic’s liens in Virginia and the fact that the contract is king in Virginia. If you add […]