LexisNexis® Legal Newsroom
Working Without a Safety Net: Can Subcontractors and Suppliers Still Sue an Owner for Quantum Meruit and Unjust Enrichment in Virginia

By Robert E. Travers, IV Subcontractors and suppliers provide labor, equipment or materials on construction projects without direct contractual relationships with the project owner, the ultimate beneficiary of that work, equipment and materials. In the event of payment disputes, those subcontractors...

Be Sure to Keep Up with Mechanic’s Lien Changes

As those of you who read Construction Law Musings are well aware, the mechanic’s lien is near and dear to my construction lawyer’s heart. A well timed and properly filed memorandum of lien can and does often lead to payment without the need for the suit to enforce that lien. Of course the...

North Carolina “Little Miller” Payment Bonds: The Short Summary©

By Neil Lowenstein , Attorney, Vandeventer Black LLP [1] Like many states, North Carolina has “Little Miller” code provisions intended for the protection of those that furnish labor or materials for North Carolina public projects since those persons cannot claim claims of lien against...

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...

July 1, 2015 Statutory Changes Affecting Virginia Contractors and Subcontractors

As always seems to be the case, this year, as in others, the Virginia General Assembly has seen fit to “tweak” a few construction related statutes. All of these changes will go into effect on July 1, 2015. The big one, and one that I posted about a while back is the change to the Virginia...

Prospective Waiver of Lien Rights by Subcontractors & Suppliers

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 a subcontractor, lower-tier subcontractor, or...

Nevada Amends Laws Regarding Homeowners’ Association Liens

While an amended Nevada Senate bill does not change the Nevada Supreme Court’s seminal holding that an association lien is a true priority lien that, when properly foreclosed, may extinguish a first deed of trust, [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance...

The Cloud Dissipates (a bit)

Remember HB 1265, [subscribers can access an enhanced version of this legislation: lexis.com | Lexis Advance ], that I discussed here at Musings back on February 6, 2012? Well, thanks to the efforts of the AGC of Virginia among other groups affected by the bill, it has been amended and a substitute proposed...