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: virginia payment bond claim

Payment Bond Claim Notice Requires More than Mailing

Originally posted 2015-07-20 09:00:50.

USPS service delivery truck in a residential a...
USPS service delivery truck in a residential area of San Francisco, California (Photo credit: Wikipedia)

It’s been a while since I posted something new relating to Virginia’s “Little Miller Act” and its various notice requirements for a subcontractor to make a payment bond claim.

I have posted on the basics of a Virginia payment bond claim previously here at Musings.  One of these basics is the 90 day notice requirement for suppliers or second tier subcontractors with no direct contractual relationship to the general contractor.  A recent case from the Norfolk, Virginia Circuit Court examined when notice is “given” under the Little Miller Act.

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Private Project Payment Bonds and Pay if Paid in Virginia

One of the many items of construction law that has always been about as clear as mud has been the interaction between a contractual pay if paid clause and payment bond claims either under the Federal Miller Act or Virginia’s “Little Miller Act.”  While properly drafted contractual “pay if paid” clauses are enforceable by their

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,

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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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