Originally posted 2013-04-22 14:58:07. Here at Musings, the contract is king and most of the time, the Virginia state and federal courts will not imply a right of action from a statute that does not specifically create one. Furthermore, as a general rule, contracts are strictly enforced and their terms upheld absent a statute that […]
Top Five General Tips for All Construction Contracts
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. […]
Reminder: Second Tier Subcontractors Have Miller Act Claim
Originally posted 2013-02-11 09:00:06. Here at Construction Law Musings, we often discuss the Federal Miller Act and its Virginia equivalent (the “Little Miller Act“). These two statutes provide subcontractors on government projects (on which no mechanic’s lien can attach) the protection of payment and performance bonds. One question that often arises in this context is […]
Virginia Mechanic’s Liens- Defense Options
Originally posted 2015-08-24 09:00:15. Here at Construction Law Musings, I have discussed the filing of mechanic’s liens in Virginia and various cases discussing the pitfalls to be found in the filing of these powerful collection tools. However, I have rarely discussed the affirmative steps that an owner can take in defending against the filing of […]
You Mean They Can Do That?
Originally posted 2013-09-20 09:00:38. For this week’s Guest Post Friday here at Construction Law Musings, we welcome back Melissa Dewey Brumback. Melissa is a construction law partner at Ragsdale Liggett, in Raleigh, North Carolina. The bulk of her practice involves representing architects and engineers in construction-related claims, including construction administration and management, plan defects, testing […]