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 […]
The Cloud Dissipates (a bit)
Originally posted 2015-10-14 15:52:20. Remember HB 1265 that I discussed here at Musings back on February 6, 2012? Well, thanks to the efforts of the AGC of Virginia among other groups affected by the bill, it has been amended and a substitute proposed. My thoughts on the latest changes? It is a good start, but […]
Reminder: Not Everything is Lienable
Originally posted 2010-11-25 10:00:10. We have discussed mechanic’s liens on many occasions here at Musings. Given the interest in this powerful collection tool, a contractor may think that this remedy, when used properly, will cover any provision of labor or materials to a project. We’ve discussed one exception to this seemingly universal rule previously. Another […]
Why Accounts Age And Solutions For Construction Industry Credit Managers
Originally posted 2015-03-17 10:06:57. For this week’s Guest Post Friday here at Musings, we welcome back Scott Wolfe. Scott is the CEO of Zlien, a company that provides software and services to help building material supply and construction companies reduce their credit risk and default receivables through the management of mechanics lien and bond claim […]
Reminder: Pay if Paid Not All Encompassing (but Could it be?)
Originally posted 2011-11-04 09:00:46. On numerous occasions, I have discussed the need to be careful with so-called “pay if paid” clauses in construction contracts. While such clauses are enforceable in Virginia (when phrased correctly), there are exceptions and limitations (for instance in the Miller Act context). One such exception (that I frankly would have thought […]