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Bond Principal Necessary on a Mechanic’s Lien Claim

As anyone that reads this construction law blog knows, mechanic's liens are a big part of the Virginia landscape for a construction attorney like me. One option for dealing with a mechanic's lien here in Virginia that we have not discussed but so often is the ability to "bond off"...

Construction Claims- Who Do You Sue?

So, here you are, a general contractor, subcontractor or supplier and you haven’t been paid. You know you should be paid and are at the end of your rope after what seem like hundreds of demands by phone and e-mail. You’re ready to file a claim and try and get paid. Simple enough, right? Not...

The Nuts and Bolts of a Payment Bond Claim in VA

After a week off from posting, much of it dealing with payment bond claims , I am back with a basic, but necessary refresher on these claims. A payment bond on a construction project (whether private or public) gives an unpaid subcontractor or supplier another collection option outside of a breach of...

Think Twice About Heading to Court with a Construction Claim

Here at Construction Law Musings , I have discussed many areas of the law relating to construction claims. Most of this discussion has focuses on the claim itself, whether made by breach of contract lawsuit, payment bond claim or mechanic’s lien . The latter two of these types of claims can and...

A Subcontract Term That Conflicts With the Miller Act Is Ineffective In a Suit Against the Surety On the Payment Bond – But, That Right May Be Waived

By Dylan B. Spadaccino, Esq. In United States ex rel. Marenalley Constr., LLC v. Zurich American Ins. Co., et al , Civil Action No. 14-4581 (E.D. Pa. March 13, 2015), a subcontractor filed suit under the Miller Act, [ enhanced version available to lexis.com subscribers ], to recover against the...

Update Relating to SB891 and Bond Claim Waivers

Several bills were passed and will go into effect on July 1, 2015 that affect the construction industry here in Virginia. The most interesting of these was an amendment to the mechanic’s lien statutes relating to waivers of lien rights. As I posted in March , SB891, [ enhanced version available...