Mechanic’s liens are dear to my construction lawyer’s heart, and I write about them often here at Construction Law Musings. I try and cover everything from the General Assembly making changes to the rules, to general discussions of recent cases. Recently, a great case came out of the Virginia Supreme Court that gives great insight […]
Be Careful with Arbitration Clauses in Construction Contracts
The Fairfax County Circuit Court has done it again. In Comer, et. al v. Goudie, et. al., CL 2008-2110 (December 11, 2008), the Fairfax Court considered the following: The Plaintiffs in the three suits decided by the Court entered into contracts with Timberline Design and Build, Inc. (“Timberline”) for the construction of their homes. The […]
Musings and Construction Featured in the Virginia Lawyer February Issue
Thanks to Virginia Lawyer, the magazine of the Virginia State Bar for its feature on construction law and in particular the Construction Law and Public Contracts Section. The set of features in this month’s issue (check it out through the link above) highlight construction law and attorneys through articles covering topics from ADR to bankruptcy. […]
No Recoupment Defense to Supplier’s Miller Act Claim
We’re back on the Miller Act train here at Musings. Recently, the Alexandria, VA Federal District Court revisited the issue of whether the failure of a subcontractor to pay its supplier provides a general contractor and its surety with a defense to a Federal Miller Act bond claim. The short answer is “No.” In U.S. […]
Important Construction Opinions of 2012
As they do every year, Virginia Lawyers Weekly produces their editors choices of the important opinions of the year. 2012 was no different. Among these opinions are many that affect the construction industry in Virginia. The opinions that made the cut ranged in topic from mechanic’s liens to the source of duty rule. I particularly […]