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Communication is Key to a Smooth Construction Project

I know, the title of this post sounds trite. Who doesn’t communicate? Don’t the subs and general on the project always communicate? Wouldn’t a remodeler be sure to stay up on job progress with a homeowner? In other words, why bother with this post? Everyone knows that without communication...

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...

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...

The Anatomy of a Construction Dispute Stage 2- Increase the Heat

Last week we discussed the groundwork and circumstances of a construction claim . This week’s post will discuss the next steps, hopefully short of full blown arbitration or litigation that you, as a construction company, can pursue presuming your claim has been properly preserved. If your contract...

Construction Bonds - A Relatively Small Exception to Fraud and Contract Don’t Mix

Remember all of my posts about how fraud and contract claims don’t usually play well in litigation? Well, as always with the law, there are exceptions. For instance, a well plead Virginia Consumer Protection Act claim will survive a dismissal challenge . A recent opinion, [ enhanced version...

A Construction Stitch in Time

It’s a cliche for a reason that “A Stitch in Time Saves Nine.” Why? Because it is almost always cheaper and more efficient in the long run to get something right the first time than to fix it later. This old adage is true in life, and particularly true in the world of construction....