Real Estate Law

Recent Posts

Trust Your Gut When Deciding Whether to Sign a Construction Contract
Posted on 17 Apr 2014 by Christopher G. Hill

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... Read More

Just When You Thought General Contractors Were Necessary Parties. . .
Posted on 20 Jan 2015 by Christopher G. Hill

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... Read More

Party Relationships: Contract Form Can Dictate
Posted on 21 Feb 2014 by Vandeventer Black LLP

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... Read More

The Pennsylvania Contractor and Subcontractor Payment Act, as well as the Pennsylvania Prompt Payment Act, are Subject to the Six-year Statute of Limitations Set Forth in Section 5527(b) of the Judicial Code
Posted on 4 Jun 2015 by Babst Calland

By Dylan B. Spadaccino, Esq. In East Coast Paving & Sealcoating, Inc. v. North Allegheny School Dist ., No. 751 C.D. 2014 (Pa.Cmwlth. March 6, 2015) , East Coast filed a complaint against the School District seeking, among other things, damages... Read More

Early Action on Your Construction Contract is Key
Posted on 6 Nov 2014 by Christopher G. Hill

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... Read More

Prospective Waiver of Lien Rights by Subcontractors & Suppliers
Posted on 31 Aug 2015 by Vandeventer Black LLP

By Jay Rixey , Associate, Vandeventer Black LLP Earlier this year, the General Assembly enacted legislation amending Virginia Code § 43-3, [subscribers can access an enhanced version of this statute: lexis.com | Lexis Advance ], providing that... Read More

Wow! A Mechanic’s Lien Bill That Helps Subcontractors and Suppliers
Posted on 14 Apr 2015 by Christopher G. Hill

You know how I’ve stated on many occasions that the contract is king here in Virginia? You know how that included contractual provisions waiving mechanic’s lien rights for subcontractors and suppliers? You know how I thought that the General... Read More

2014 California Roundup of Mechanics Lien Decisions: Most Were Pro-Claimant, But Construction Lenders Did Well Too
Posted on 2 Feb 2015 by LexisNexis Legal Newsroom Staff

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... Read More

No Written Change Orders
Posted on 29 Jan 2015 by Vandeventer Black LLP

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... Read More

For Subcontractors-Incorporation by Reference-A Contract Clause Worth Negotiating
Posted on 7 May 2014 by Vandeventer Black LLP

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... Read More

Davis-Bacon Act: Certified Payroll Reporting
Posted on 24 Aug 2010 by Vandeventer Black LLP

By Katharina Brekke Powers The Davis-Bacon Act (the "Act") requires payment of "prevailing wages." See 40 USC Section 3142(c) . The minimum wages to be paid are those that the Secretary of Labor determines to be prevailing for... Read More

Vandeventer Black LLP: Am I Really Responsible for That?
Posted on 27 Apr 2012 by Vandeventer Black LLP

By Neil Lowenstein Landowners hire contractors to perform work for the landowner. Contractors then typically hire multiple subcontractors to perform various portions of that work. And, subcontractors then hire sub-subcontractors to perform various... Read More

Troutman Sanders LLP: Construction Owner, General Contractor and Subcontractor Held Liable For Sub-Subcontractor Failure to Procure Required Liability Insurance
Posted on 2 Apr 2012 by Troutman Sanders

A recent decision by the Georgia Court of Appeals opens up a new (and potentially troubling) avenue for relief in cases involving personal injury and property damage caused by downstream subcontractors on a construction project. If not overturned, this... Read More

Duane Morris LLP: New E-Verify Requirement for Pa. Public Works Contractors, Beginning January 1, 2013
Posted on 23 Jul 2012 by Duane Morris LLP

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... Read More

Don’t Let Receivership Kill Your Miller Act Claim
Posted on 13 Sep 2012 by Christopher G. Hill

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... Read More