Originally posted 2012-11-09 12:30:29. For this week’s Guest Post Friday here at Musings we welcome Spencer Wiegard. Spencer is a Partner with Gentry Locke Rakes & Moore, LLP. He is a member of the firm’s Construction Law and Commercial Litigation practice groups. Spencer focuses his practice in the areas of construction law and construction litigation. […]
Quick Note: Be Careful with Pay if Paid Clauses (Both Subcontractors and General Contractors) (now with a caveat)
Originally posted 2015-06-15 09:00:38. Aside from waiver of lien rights (something that will be illegal in Virginia after July 1, 2015), the most troublesome contractual impediment to payment for a subcontractor or supplier on a project often is the “pay if paid” clause. As a general rule, in Virginia, these clauses where drafted in the […]
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 […]
No Miller Act Setoff for Non-Federal Claims
Originally posted 2015-04-21 10:03:29. Musings is back! And a great case for subcontractors on federal projects came out of the U. S. District Court for the Eastern District of Virginia last month. The Court in U. S. ex rel Acoustical Concepts, Inc. v. Travelers Casualty and Surety Co. of America, et. al. held that, despite […]
Trust Your Gut When Deciding Whether to Sign a Construction Contract
Originally posted 2014-03-31 09:00:24. Last week’s Construction Law Musings were about the need to communicate before, during and after a construction project. This week, I continue my thoughts on some business practices that make my life as a construction attorney and adviser (not to mention your lives as construction professionals) easier and less stressful. This […]