Originally posted 2010-01-22 09:00:24. Contractors are feeling the pinch in today’s financial climate. Payments are being made slowly if at all. Clients unreasonably expect perfection despite the numerous moving parts on a commercial construction project (not to mention the mantra that “Murphy was an optimist”). In such a climate, getting a check that won’t bounce […]
Construction Delay Damages Can Be Tough to Show
Originally posted 2012-06-11 09:58:43. Recently, there have been a few cases in construction that have grabbed the headlines (or at least those at this and some other blogs). The biggest stir seems to be from the Jacobs Engineering case discussed so ably by Matt Bouchard in last Friday’s Guest Post. However, while the “headlines” were […]
The Picky Nature of Mechanic’s Liens (or Why you need to count back from 150 before filing)
Originally posted 2009-03-30 09:00:00. On numerous occasions here at Musings, I have discussed the almost ridiculously picky nature of mechanic’s liens in the Commonwealth of Virginia. The so called “150 day rule” found in Virginia Code Section 43-4 is no exception. The 150-day rule means that a contractor or material man can only include in […]
Don’t Just Document- Document Right!
Originally posted 2011-05-20 09:00:20. I have stated to clients on many occasions that paper is a lawyer’s best friend. Because of a recent case from the Virginia Supreme Court, I should modify that to the correct paper is a lawyer’s best friend. In Commonwealth v. AMEC Civil, LLC, AMEC sued the Virginia Department of Transportation […]
Resolve to Mediate Your Construction Disputes in 2014
Originally posted 2014-01-13 09:00:34. After last week’s quick detour to discuss Kevin Underhill’s great book, we’re back to discuss more “serious” topics. Namely, how to move forward relating to your construction disputes in 2014. As anyone that regularly reads Construction Law Musings knows, I am a Virginia Supreme Court certified mediator and an advocate of […]