Tag: virginia construction lawyer

Construction Construction Law Contracts Mechanic's Liens

Is Privity of Contract with the Owner a Requirement of a Valid Mechanic’s Lien? Not for GC’s

Originally posted 2020-12-07 10:29:33. As any reader of this construction law blog knows, mechanic’s liens make up much of the discussion here at Construction Law Musings.  A recent case out of Fairfax County, Virginia examined the question of whether contractual privity between the general contractor and owner of the property at issue is necessary.  As […]

Bond Claims Construction Construction Law

Some Work Cannot be Included in a Miller Act Claim

The Miller Act is close to my heart here at Construction Law Musings. Payment bond claims under the Miller Act help protect subcontractors on construction projects where the national government or its agencies are the owners of the property and therefore mechanic’s liens are unavailable.  Even where you follow the proper claims process under this […]

Business of Construction Construction Construction Law Contracts

English v. RKK- There is Even More to the Story

Just when you thought that the litigation between W. C. English and RKK had no more to give (after all, there have been posts with wisdom from this case here, here, and here), it keeps on giving.  A relatively recent opinion from this litigation involved, among other pre-trial motions, motions by English to exclude expert […]

Construction Construction Law

Even Where Fraud and Contract Mix, Be Careful With Timing

I have often discussed the limited circumstances under which a construction contract claim and a fraud claim can coexist.  A recent case from the Western District of Virginia federal court demonstrates that care is necessary even in those limited circumstances. In Fluor Fed. Sols., LLC v. Bae Sys. Ordinance Sys., the Court examined the question […]

Business of Construction Construction Construction Law Contracts

More on Duty to Defend a Subcontractor

Originally posted 2015-02-13 09:11:48. While we don’t often discuss insurance coverage issues here at Construction Law Musings, occasionally a case comes up that makes the grade for a post.  One such case was Erie Insurance Exchange v. Salvi, where the question of an “occurrence” that warranted coverage and defense under an insurance policy was at […]

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