Originally posted 2010-12-06 10:49:11. Recently, I came across another Virginia construction case that serves as a reminder that, in Virginia, the contract is king and that because of this fact, the contract will be enforced by its terms. In L. White and Company v Culpeper Memorial Hospital, the plaintiff contractor (L. White and Company) sued […]
Construction Economy and Bids- A Liability Nightmare?
Originally posted 2010-09-03 09:00:28. Just recently ENR Magazine (one that I read regularly and highly recommend), published an article stating that contractors and subcontractors are bidding at or near cost in a race to get work. This aggressive bidding environment requires contractors and subcontractors to find work in a field with a present glut of […]
After a Bid, When Do You Really Have a Deal?
Originally posted 2013-09-16 10:53:15. Construction contracts are a big part of any contractor, subcontractor, supplier or construction attorney’s daily life. Therefore, it is key to know when you actually have a contract. Is it after your bid is accepted and used by the Owner or General Contractor? Is it only after the subcontract is signed? […]
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 […]
PSA: Virginia House Passes Pay-if-Paid Ban for Construction Contracts (UPDATED)
In a move that was much anticipated, the Virginia senate recently passed legislation barring straight pay-if-paid clauses in construction contracts between General Contractors and Subcontractors. SB550 effectively nullifies, for both private and public construction contracts, the “condition precedent” pay-if-paid clauses that are sometimes the bane of a subcontractor’s existence. The Virginia House of Delegates passed […]