Image via Wikipedia Musings thought that it would step away from its discussion of “green” construction to discuss a few interesting construction cases that came down recently in the Commonwealth of Virginia. The first of these is another warning to contractors that arbitration provisions can be waived by conduct. In Shoosmith Bros., Inc. v. Hopewell […]
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Construction Contracts, Mediation and Venue
I have preached the mantra of “read your contracts carefully” on numerous occasions here at Construction Law Musings. I have also discussed my thoughts on ADR and mandatory mediation. A recent case out of the Eastern District of Virginia mixes these two ideas quite nicely. Dominion Transmission Inc. v. Precision Pipeline Inc. involved the construction […]
Another Great Construction Law Weekend
This past weekend was the 34th Annual Construction and Public Contracts Law Seminar at the Boars Head Inn in Charlottesville, VA. I have stated my thoughts on this great seminar in the past and my feelings haven’t changed. I began attending the event in 2009 at the encouragement of Brett Marston, a good friend and […]
Update on the No License, No Lien Bill
Remember a month ago when I discussed a bill in the House of Delegates requiring a license number on any memorandum of mechanic’s lien in Virginia? Since that original post, the bill moved to the Virginia Senate and eventually passed with a few, laudable, tweaks. Where the original bill made no concession for the possibility […]
Always Show Up For Court, Or Else. . .
I have often discussed construction payment bond claims from the perspective of the subcontractor or supplier making the claim. However, a recent case (that I only have the Virginia Lawyers Weekly link for) discusses the potential dire consequences of such a claim for a payment bond principal and any guarantor under that bond. In Hanover […]