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“It’s All About the Work” In Office Leasing (Part I)

The tenant-build out provisions can be the most important and controversial aspects of an office lease. Yet these terms are often only referred to generally in letters of intent. Rarely will a term sheet go into more detail than the work allowance amount and the commencement date. The lawyers are left...

“It’s All About the Work” In Office Leasing (Part II)

In my last blog (April 1, 2014) , I pointed out that tenant build-out provisions in office leases can be quite thorny. Admonitions to counsel to “Keep it simple” while “cover all the bases” are difficult to reconcile. Certain issues invariably arise, and minimizing them should...

“It’s All About The Work” In Office Leasing (Part III)

My last blog on this subject (April 2, 2014) covered the situation where the Landlord performs the work up to “certain cost”. Another scenario, somewhat less prevalent in office leasing, is where the tenant performs its own work. In this situation, Landlord provides a work allowance (e...

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...

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...

Clarity of Contract is Another Key to a Smooth Project

Whew! After a whirlwind two weeks of travel (some by a long bus ride with a great group of kids, including my daughter), I’m back and far enough above water to get back to posting. Thanks for your patience during a bit of a lull. Recently I have been on an “advisory” kick here at...

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...

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...

The Most Dangerous Item On A Construction Site?

By George M. Nicholos , associate, Vandeventer Black LLP What is the most dangerous item on a construction worksite? You might guess heavy machinery, cranes, or careless construction workers? But you would be wrong, because ironically the most dangerous item on the construction worksite is made...

Real Property Long-Term Contract Accounting Requirements and Dynamics

By Patricia Hughes Mills J.D. LL.M Subject to Internal Revenue Code and regulatory requirements, the method of accounting adopted by a taxpayer determines when items of income and expense are reportable for federal income tax purposes. Different accounting methods may apply for different businesses...

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...

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...

Authorized Agents of a Property Owner Are Not Subject to Individual Liability Under CASPA

By Dylan B. Spadaccino, Esq. , Associate, Babst, Calland, Clements and Zomnir, P.C. It is not uncommon for contractors and subcontractors to be verbally directed to perform extra work on construction projects without written change orders. Construction attorneys frequently deal with payment claims...

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...

Do We Really Want Courts Deciding if Our Construction Contracts are Fair?

As I posted recently, the Virginia General Assembly has passed, and I can see no reason why the governor won’t sign, [ enhanced version available to lexis.com subscribers ], a bill that would essentially invalidate preemptive contractual waivers of lien rights as they relate to subcontractors and...

Don’t Delay: Document, Document, Document & Document Some More

By Kevin A. Rust If you are being delayed on a project, it is critically important that you document the delay, how much it is costing you, and who or what is causing the delays. Many construction contracts have provisions that require notice of any defect to be provided. If you fail to give...

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...

When The Federal Govt Acts Badly, But Not Badly Enough To Show Bad Faith – What’s A Contractor To Do?

By: Robert K. Cox In the prior issue of this newsletter, we included an article on the high standard of proof and the practical considerations for a federal government contractor claiming that the federal government acted in bad faith in its contract dealings. You responded with the question, suppose...

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....