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Restoring the Lead Paint RRP Opt-Out - How Does it Affect You?

We've discussed the Lead Paint RRP requirements in the past here at Construction Law Musings. Since its passage almost a year ago, there has been a lot of debate about its necessity and cost. While this debate is interesting, I recommend a Google search on this topic for you to get all angles. I'll...

Sheppard Mullin Richter & Hampton LLP: Court Broadly Defines Subcontractors Who Qualify For Payment Bond Claims

By Edward Lozowicki and Scott Vignos Can a supplier of construction materials be considered a "subcontractor" for purposes of enforcing its claim on a public works payment bond? The answer is "yes" according to a recent decision of the California Court of Appeal. In Eggers Industries...

Construction Delay Damages Can Be Tough to Show

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"...

Proper Notice Can “Accelerate” Your Construction Recovery

I have discussed the importance of every word in a construction contract on multiple occasions at Construction Law Musings. The United States District Court for the Western District of Virginia recently gave another reminder that one area that can act as a sword or shield in a contract is the language...

Vandeventer Black LLP: "Best Value" Procurement? - Not for Virginia Public Sealed Bidding

By Neil Lowenstein With increasing regularity, various procuring agencies had been swimming in the "best value" pool for their procurements. Following the well established federal procurement practice, their solicitations included language along the lines that the procuring agency reserved...

Duane Morris LLP: New E-Verify Requirement for Pa. Public Works Contractors, Beginning January 1, 2013

On July 5, 2012, Pennsylvania Gov. Thomas Corbett signed into law S.B. 637 , requiring state public works contractors and subcontractors involved in projects of more than $25,000 to use E-Verify starting on January 1, 2013, or they will lose their right to contract with the Commonwealth of Pennsylvania...

Duane Morris LLP: New E-Verify Requirement For Pennsylvania Public Works Contractors, Beginning Jan. 1, 2013

On July 5, 2012, Pennsylvania Gov. Thomas Corbett signed into law S.B. 637 , requiring state public works contractors and subcontractors involved in projects of more than $25,000 to use E-Verify starting on January 1, 2013, or they will lose their right to contract with the Commonwealth of Pennsylvania...

Vandeventer Black LLP: 2012 Virginia Payment Bond Changes

By Neil Lowenstein, Below is a summary of the Virginia payment bond changes that are effective this year prepared by my law partner and fellow VB Construction and Public Contracts Law Department member John Lockard. The changes resulted from several compromises in the 2011 General Assembly, and the...

Site Contractors, Be Careful When Apportioning Your Mechanic’s Liens

Mechanic's liens are near and dear to our hearts here at Construction Law Musings. Mechanic's liens are a great weapon in the toolbox of any construction contractor in Virginia. However, the rules for perfection of these liens are strict and failing to follow them to the letter will cause the...

Don’t Let Receivership Kill Your Miller Act Claim

In this economy, even the companies that provide bonding for construction companies may have financial difficulties, and even go into receivership. Recently, the U. S. District Court in Norfolk, VA decided an interesting case relating to an interestingly named project. In U.S. v. Western Ins. Co. , the...

Reminder: Don’t Waive Your Mechanic’s Lien Rights (or Bond Rights For That Matter)

Here at Construction Law Musings, I have discussed mechanic's liens and bond claims and how these types of payment protections interact with construction contracts. Throughout these many posts, I have emphasized both the technical and picky nature of mechanic's liens in Virginia and the fact...

Reminder: Quantum Meruit and Breach of Construction Contract Don’t Mix

Construction contracts ( preferably written ones ) are near and dear to my heart here at Construction Law Musings. In a world where the contract is king , having a written construction agreement is a key component of any properly run construction project. However, even with the best construction contract...

Don’t Leave Retainage on the Table

Here at Musings, the contract is king and most of the time, the Virginia state and federal courts will not imply a right of action from a statute that does not specifically create one. Furthermore, as a general rule, contracts are strictly enforced and their terms upheld absent a statute that states...

Musings on Necessary Evils and Construction Lawyers

“Hi, my name is Chris, and I’m a construction attorney .” While this sounds like an AA (attorney’s anonymous) introduction, this admission is not a step on the road to recovery (despite the recent discussions slamming an attorney’s role in the construction world). This...

Babst Calland: Pa. Superior Court Requires Strict Compliance With Mechanics’ Lien Law

By Rick Kalson A non-precedential opinion issued on November 22, 2013 by the Superior Court of Pennsylvania in Advanced Construction Services, Inc. v. Cumberland Dining Group, Inc. illustrates the importance of strictly complying with the Pennsylvania Mechanics’ Lien Law’s service requirements...

Vandeventer Black LLP: Witnesses Are Overrated

By Ned Nicholas In television law it’s all about the witnesses. This was true back in the day with Perry Mason and it’s true today on the many courtroom drama shows. And there is no denying some testimony (“he shot her” or “the light was red” come to mind) can make...

Bates Carey Commentary: Construction Defect Coverage Summary 2013: The Business Risks Shift To Insurers

By John Husmann and Adam Fleischer [Editor's Note: John Husmann and Adam Fleischer are partners of the law firm Bates Carey Nicolaides in Chicago. Any commentary or opinions do not reflect the opinions of Bates Carey Nicolaides. Copyright © 2013 by John Husmann and Adam Fleischer. Responses...

Babst Calland: AIA General Conditions Mediation Clause Covered Contractor’s Mechanics’ Lien Claim

By James D. Miller The United States District Court for the District of Maryland recently interpreted the mediation clause in the AIA A201 -2007 “General Conditions of the Contract for Construction” to require mediation before proceeding with a mechanics’ lien claim. Kane Builders...

Vandeventer Black LLP: U.S. Supreme Court Establishes Enforceability Of Forum-Selection Clauses

By James Rixey In a recent decision, the U.S. Supreme Court established that contractual forum-selection clauses deserve near absolute deference and should be enforced in all but the most exceptional cases when deciding transfer of venue under 28 U.S.C. § 1404(a) [ enhanced opinion available...

Vandeventer Black LLP: Just Sign Here: Try To Get Contract Terms in Writing

By James W. Walker Have you ever performed work for a client without getting the client’s signature on a contract? If a problem later surfaced, could you enforce its terms? In many states, the answer is a resounding …maybe. Signed contracts are important because they establish with certainty...

Steptoe & Johnson PLLC: Subcontractors Beware - Ohio Supreme Court Upholds ‘Pay-If-Paid’ Provisions

By Eric J. Hulett and Matthew A. Brandt The Ohio Supreme Court recently changed the landscape in construction law when it held that a payment provision in a subcontract which included the term “condition precedent” was sufficient to transfer the risk of the owner’s non-payment from...

DLA Piper: Zachry v. Port of Houston Authority: Texas Supreme Court Rules for Contractor Despite No-Damages-for-Delay Clause

By Ileana M. Blanco , Cristopher Farrar and Cara Vasquez The Texas Supreme Court has issued a decision that could have a huge impact on the construction industry in Texas involving several high-profile issues the industry has passionately debated for years. In Zachry Construction Corporation v...

Babst Calland: New Supplementary Rules for Fixed Time and Cost Construction Arbitration Have Been Developed by the American Arbitration Association

By Dylan B. Spadaccino, Esq. Arbitration has historically been the preferred method for resolving construction disputes in the United States, as many in the industry have (1) preferred the idea of having complex construction disputes decided by someone with construction-specific experience and expertise...

Babst Calland: Pennsylvania Amends Mechanics’ Lien Law to Create New Notice Procedures and Requirements

By James D. Miller, Esq. On October 14, 2014, Governor Tom Corbett signed into law Act No. 142 (the “Act”) amending the Pennsylvania Mechanics’ Lien Law, 49 P.S. 1101 et seq., which brings Pennsylvania in line with several other states by creating a more structured notice procedure...

Expert To Jury: Insurer Was Correct In Relying On Earth Movement Exclusion (Watch The Videos)

RENO, Nev. — (Mealey’s) An insurer on Feb. 11 provided expert testimony to a jury in the Washoe County, Nevada, Second Judicial District Court that an earth movement exclusion was properly applied to disclaim insurance coverage ( Elizabeth Reimers, et al. v. Everest Indemnity Insurance Co...