Last week, I highlighted a statute of limitations bill that will be considered by the Virginia General Assembly because it has a major effect on interactions between construction contractors and the Commonwealth of Virginia. However, that is not the only interesting piece of legislation being proposed this 2019 session. Here are two others that I […]
The General Assembly Seems Ready to Provide Some Consistency in Mechanic’s Lien Waiver
Back in 2015, the Virginia General Assembly amended the mechanic’s lien statute (Va. Code 43-3) here in Virginia to preclude any contractual provision that diminishes a subcontractor or supplier’s “lien rights in a contract in advance of furnishing any labor, services, or materials.” However, this amendment was only applicable to subcontractors and suppliers. For political […]
Contractors in Virginia Need To Be Ready for July 1, 2011
The Virginia General Assembly has passed a couple of bills, effective July 1, 2011, that will affect contractors’ and other construction professionals’ rights to payment and where they can and should bring their construction related claims. The first set of changes are to Virginia’s “Little Miller Act” of which I have spoken on many occasions […]
Update Relating to SB891 and Bond Claim Waivers
Several bills were passed and will go into effect on July 1, 2015 that affect the construction industry here in Virginia. The most interesting of these was an amendment to the mechanic’s lien statutes relating to waivers of lien rights. As I posted in March, SB891 amended the mechanic’s lien statute, Va. Code Section 43-3, […]
DPOR Must Consider Full Record When Considering Homeowner Claim
One issue for homeowners who seek to recover for poor residential construction is the issue of whether a judgment will be collectible should they get one through the litigation process in Virginia. Lack of the ability to collect can be particularly damaging to a homeowner when a particularly dishonest, or more likely cash strapped, contractor […]