LexisNexis® Legal Newsroom
McNees Wallace & Nurick LLC: Construction Alert - What Was That Court Thinking?

By Diane M. Tokarsky , Esquire, Chair, Construction and Procurement Law Just when you thought you understood the rules of the game in relation to the Pennsylvania Mechanics Lien Law ("Act"), the Pennsylvania Superior Court issued the game changing decision, Bricklayers of Western Pennsylvania...

Be Careful with “Green” Construction

As readers of Construction Law Musings can attest, I am an enthusiastic (if at times skeptical) supporter of sustainable (or "green") building . I am solidly behind the environmental and other benefits of this type of construction. However, I have likened myself to that loveable donkey Eeyore...

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...

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...