Remember BAE Sys. Ordnance Sys. V. Fluor Fed. Sols? I examined that case on two occasions previously here at Construction Law Musings. Previously the discussions were about the mix (or lack thereof) between fraud and contract and about how careful contract drafting is key. In the most recent opinion in this ongoing litigation from March […]
Fun and Learning at the 39th Annual Construction Law and Public Contracts Seminar
Originally posted 2018-11-12 16:00:54. On November 2nd and 3rd, construction attorneys from Virginia and surrounding jurisdictions gathered in Charlottesville for the 39th Annual Construction and Public Contracts seminar co-hosted by the Virginia State Bar’s Construction Law and Public Contracts Section and Virginia CLE. This was also the first year in a while where I was […]
Maybe Close Enough Still Counts with Mechanic’s Liens?
Originally posted 2020-05-05 14:01:50. Remember that case where “substantial compliance” was enough for the proper enforcement of your mechanic’s lien rights? Remember how I said maybe it was an outlier? Remember how the Virginia General Assembly modified the statute and the statutory forms to account for the ambiguity discussed in the Desai case? Remember how […]
Does the Recording of a Mechanic’s Lien Memorandum by Itself Constitute Process? Read to Find Out.
As a Virginia construction attorney representing those in the construction industry, mechanic’s liens are near and dear to my heart. The enforcement of mechanic’s lien rights in Virginia is a two-step process. The first step is the recording of a properly-timed memorandum of lien that includes all of the statutorily required information. The second step […]
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 […]