LexisNexis® Legal Newsroom
Vandeventer Black LLP: Offsite "Subcontractor" Found a Claimant Under Virginia Little Miller Act Bond

By Neil Lowenstein In a recent decision, Judge Harris of Hanover County Circuit Court allowed a Little Miller Act claim to proceed by an offsite disposal yard as a payment bond claimant. The case is Yard Works, LLC v. GroundDown Constructors, LLC, and Safeco Insurance Company of America, Hanover Circuit...

Vandeventer Black LLP: Subcontractor's Quantum Meruit Claim Irreconcilable With Breach of Contract Claim

EDVA Dismisses Quantum Meruit Claim as Irreconcilable With Breach of Contract Claim and Also Dismisses Claimed Private Right of Action to Enforce Alleged FAR Violation By Neil Lowenstein Judge Turk, Senior District Judge for the United States District of Virginia, Roanoke Division, issued a recent...

Workers' Comp Fraud Blotter (8/22/2013) – Facebook Photos Show Disabled Worker Was Able To Work Out Of State In His Repelling Gear

Workers' Comp Fraud Blotter – August 22, 2013 Facebook Photos Show Disabled Worker Was Able To Work Out Of State In His Repelling Gear (OH) – Michael Mallory has pled guilty to workers' compensation fraud after relocating and posting on Facebook photos of his work for an Arizona...

Vandeventer Black LLP: Important Changes for Indemnity and Duty to Defend in California

Authored by attorney David V. Rose Recent changes in California law carry important consequences for insurers of construction managers, general contractors, and subcontractors. These changes, codified in section 2782.05 of the Civil Code [ version available to lexis.com subscribers ], provide additional...

No Setoff Between Bonded and Non-Bonded Projects

As any reader of Construction Law Musings knows, payment bond claims are a big part of my law practice . You have also likely read through the federal cases relating to the Miller Act that you can find here. On trend in these federal cases in the Virginia district courts is that determining set off rights...

Sometimes Scope Of Work Isn’t Obvious

We discuss contracts often here at Construction Law Musings . Why? Because in most states, and particularly in my home state of Virginia, the contract creates the “law” that will govern your interaction on a construction project. In construction, every word of the contract will be read carefully...

Federal: Tennessee Employee May Not Sue Statutory Employer for Work-Related Injury

Noting that Tennessee courts have held that the exclusive remedy rule protects statutory employers from tort claims by employees of their subcontractors for injuries covered by the Tennessee workers' compensation act, even if the immediate employer pays the entire workers' compensation claim...

Party Relationships: Contract Form Can Dictate

Virginia Construction Law News and Notes When parties go into relationships they often think the relationship is one thing; but legally the relationship may be another. Judge Hughes' recent decision in the case of PEAC Consulting, LLC v. The Ridley Group & Associates, et al., decided September...

Split U.S. Supreme Court: Contractors, Subcontractors Protected Under Sarbanes-Oxley

WASHINGTON, D. C. — (Mealey’s) The whistle-blower protection provision of the Sarbanes-Oxley Act (SOX) protects “employees of private contractors and subcontractors, just as it shelters employees of the public company served by the contractors and subcontractors,” a split U.S...

The Joy of SOX: What Employee Activity Is "Protected"?

Now that the Supreme Court has decided that the retaliation provisions of the Sarbanes-Oxley Act apply, not only to employees of publicly-held companies, but also to employees of contractors who do work for publicly-held companies , I thought it might be helpful to review exactly what type of activity...

Be Careful When Walking Off of a Construction Project

I am truly grateful that my buddy Craig Martin ( @craigmartin_jd ) continues his great posts over at The Construction Contractor Advisor blog. He is always a good cure for writer’s block and once again this week he gave me some inspiration. In his most recent post, Craig discusses a recent Indiana...

Trust Your Gut When Deciding Whether to Sign a Construction Contract

My last Construction Law Musings were about the need to communicate before, during and after a construction project. Here I continue my thoughts on some business practices that make my life as a construction attorney and adviser (not to mention your lives as construction professionals) easier and less...

Pennsylvania Supreme Court Unanimously Holds That Union Members Are Not Subcontractors for Purposes of Pa. Mechanics' Lien Law

On April 17, 2014, the Supreme Court of Pennsylvania issued a decision eagerly awaited by owners, developers, contractors and others involved in the construction industry. Interpreting Pennsylvania's Mechanics' Lien Law of 1963 (the "Act"), the state Supreme Court unanimously held...

For Subcontractors-Incorporation by Reference-A Contract Clause Worth Negotiating

Authored by Attorney Casaundra Maimone Subcontractors should review proposed terms and negotiate final terms that are best suited to their role on the project. One concern is the impact of clauses incorporated by reference that might involve scope of work, quality, payment and disputes. In government...

PA Supreme Court Reverses Bricklayers Mechanics’ Lien Case

On April 17, 2014, the Pennsylvania Supreme Court, [ enhanced version available to lexis.com subscribers ], issued its long-awaited decision in Bricklayers of Western Pennsylvania Combined Funds v. Scott’s Development Co. , and reversed the Superior Court decision which held that a union trust...

Pennsylvania Court Determines if Union Trustees Have Standing to File Mechanic’s Lien

By Martin J. Saunders, Of Counsel. Pennsylvania, like many states, has a mechanic’s lien statute to ensure that contractors and subcontractors who make improvement to property will be paid for the labor and materials they furnish in the erection, construction, alteration or repair of property...

Should a General Contractor Tell a Sub that its Bid is Too Low?

A recent article by my pal, and occasional guest poster , Craig Martin ( @craigmartin_jd ) asks the question: “ Does a General Contractor Have to Tell a Subcontractor that its Bid is Too Low? ” In his great post on a recent Nebraska decision, [ enhanced version available to lexis.com subscribers...

Pennsylvania Amends Mechanics’ Lien Law to Protect Home Owners from Double Jeopardy and Clarify Priority Given to Open Ended Mortgages

By Marc J. Felezzola On July 9, 2014, Governor Tom Corbett signed into law legislation amending Pennsylvania’s Mechanics’ Lien Law of 1963 (the current Mechanics’ Lien Law in Pennsylvania). The stated primary purpose of the amendments is to protect homeowners who pay the prime contractor...

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”), [ enhanced version available to lexis.com subscribers ], amending the Pennsylvania Mechanics’ Lien Law, 49 P.S. 1101 et seq., [ enhanced version available to lexis.com subscribers...

Early Action on Your Construction Contract is Key

I bang the drum of early and frequent consultation with one of us construction attorneys on a regular basis here at Musings and in other places of the “blawgosphere.” Why do I do this? Doesn’t such consultation help to avoid the problems that seem to make those of us in the construction...

Just When You Thought General Contractors Were Necessary Parties. . .

Did you think that a subcontractor had to name a general contractor in a mechanic’s lien suit? I did. Did you think that nothing about this changed in the case where a Virginia mechanic’s lien was “bonded off” pursuant to Va. Code Section 43-71 , [ enhanced version available to...

No Written Change Orders

By Kevin Rust Most construction contracts have provisions that bar any payment for work outside the scope of the contract unless there is a written change order. All contractual provisions, at least in North Carolina, may be waived. Thus, even if your contract provides that no additional work will be...

2014 California Roundup of Mechanics Lien Decisions: Most Were Pro-Claimant, But Construction Lenders Did Well Too

By Mr. William Michael Hensley Get the latest expert analysis on California mechanics liens cases. This article covers recent cases and their practical implications. Excerpt: Effective on January 1, 2011 and then July 1, 2012, California overhauled the mechanics lien statutes in its most extensive...

Warranty Provisions Deserve Careful Consideration from Contractors

By Casaundra Maimone , Attorney, Vandeventer Black LLP It goes without saying that a contractor should carefully review all of the proposed terms and negotiate all of the final terms of a construction contract such that the provisions are best tailored to their role on the project. Nonetheless...

Statutory Subcontract Limits And Requirements For North Carolina Subcontracts: The Short Summary©

By Neil Lowenstein [1], Attorney, Vandeventer Black LLP Below is a short summary of some of the statutory requirements and constraints in the North Carolina code regarding subcontract requirements for North Carolina projects (commercial or public). 1. Pay when paid ( NCGS § 22C-2 ), [ enhanced...