Thoughts on construction law from Christopher G. Hill, Virginia construction lawyer, LEED AP, mediator, and member of the Virginia Legal Elite in Construction Law

Tag Archives: United States District Court for the Eastern District of Virginia

In Any Construction Lawsuit, Be Sure to Name the Right People

Originally posted 2017-12-01 12:30:43.

Map of the United States District Courts in Vi...
Map of the United States District Courts in Virginia, showing the boundaries of the Eastern and Western Districts, and their divisions. (Photo credit: Wikipedia)

The title of this post may seem obvious.  Of course you need to name the right people.  “Why even write about this?”  you may ask yourself.  The answer to this question is that the list of all of the parties necessary to a successful lawsuit may not be so obvious.

One example is the case of a Virginia mechanic’s lien lawsuit.  The obvious parties would be the contractor or subcontractor that owes the money and the owner of the property.  However, you can’t stop there.  The trustees to any deed of trust and the bank or other party that may hold a note on the property are necessary parties as well. Failure to name one of these necessary parties can lead to dismissal of your suit.  This is why I always recommend a title search prior to any mechanic’s lien memorandum being recorded and an update prior to suit.

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Miller Act Bond Claims Subject to “Pay If Paid”. . . Sometimes

Originally posted 2014-07-09 09:44:02. The Federal Miller Act is a great tool that subcontractors and suppliers on Federal projects can use for collection of wrongfully withheld amounts due.  However, as a recent federal case from the Eastern District of Virginia points out, the construction contract’s terms affect when a subcontractor or supplier can use this

Read Your Construction Contract Arbitration Clauses Carefully

In May of last year, we discussed an opinion in U.S. ex rel. Thyssenkrupp Safway Inc. v. Tessa Structures LLC.  If you recall, this case involves a three way payment dispute between a supplier, Thyssenkrupp, a subcontractor, Tessa Structures, and a general contractor, Vista Contracting.  As discussed in the prior post, Thyssenkrupp did not get

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About Construction Law Musings

I am a construction lawyer in Richmond, Virginia, a LEED AP, and have been nominated by my peers to Virginia's Legal Elite in Construction Law on multiple occasions. I provide advice and assistance with mechanic's liens, contract review and consulting, occupational safety issues (VOSH and OSHA), and risk management for construction professionals.

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