Originally posted 2015-01-12 09:00:08. Previously here at Musings, I discussed the application of pay if paid clauses and the Miller Act. The case that prompted the discussion was the Aarow Equipment & Services, Inc. v. Travelers Casualty and Surety Co. case in which the Eastern District of Virginia Federal Court determined that a “pay if […]
In Contracts, One Word Makes All the Difference
Originally posted 2011-06-16 08:24:44. Here at Musings, I sometimes feel as if I am beating the “contract is king” drum to death. However, each time I start to get this feeling, a new case out of either the Virginia state courts or the Fourth Circuit Court of Appeals here in Richmond reminds me that we […]
Did the 4th Circuit “Tarnish” Sustainable Construction in the CBF Case?
About a week ago, the 4th Circuit Court of Appeals reversed and remanded the Chesapeake Bay Foundation’s “parallam” lawsuit. Since that unpublished ruling on procedural grounds, much discussion has ensued. One particularly interesting headline, found at the well respected Greed Building Law Update, states Litigation Over First Ever LEED Platinum Building Tarnishes Green Building. After […]
Clarity of Contract is Another Key to a Smooth Project
Whew! After a whirlwind two weeks of travel (some by a long bus ride with a great group of kids, including my daughter), I’m back and far enough above water to get back to posting. Thanks for your patience during a bit of a lull. Recently I have been on an “advisory” kick here at […]
Affirmed: The Contract is King in Virginia
We have discussed the overwhelming need for precision in construction contract drafting on several occasions here at Musings. This need is illustrated with great clarity by the litigation surrounding the Granby Towers in Norfolk, Virginia. The circumstances surrounding the Granby Towers debacle have been well documented. For that reason, I will not re-iterate them […]