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Williams Mullen: The Impact of Pay-if-Paid Clauses on Payment Bond Claims and Mechanic’s Lien Rights in Virginia

Editor Mauck, William R., Jr. Since 1995, Virginia courts have recognized the validity of "pay-if-paid" clauses (sometimes referred to as "pay-when-paid") in subcontracts. To be enforceable, the clause must clearly state that the general contractor's obligation to...

More Musings on Mechanic’s Liens in Virginia

It is not news that the recent construction economy has not been good. Private money is not flowing into construction as it had been in the past and public projects are moving more slowly. Payment disputes leading to mechanic's lien claims and payment bond claims are rampant because of the...

A Cloud on the Horizon for Mechanic’s Lien Claimants in Virginia?

As any of you that read this construction law blog realize, the Virginia mechanic's lien statute is near and dear to my heart. Because of the already picky and statute driven nature of these powerful but detail oriented tools of collection, any change to the statute must be considered for its practical...

Mechanic’s Liens and Legislative Sausage

Over the past week or two I've been covering HB 1265, a bill that was working its way through the Virginia General Assembly legislative sausage making process. I gave you my thoughts on the original bill as written and then on the somewhat better (though far from perfect) amended bill . Well,...

Reminder: Title Search is Key for a Virginia Mechanic’s Lien

With the economy the way that it is, my mechanic's lien practice (and bond claim practice for that matter) is thriving. Interestingly, the recent uptick in the construction economic landscape here in Virginia caused me to get more, rather than fewer, calls requesting help with the filing or defense...

Williams Mullen: Changes to North Carolina's Mechanic's Lien and Payment Bond Laws

BY: GILBERT "GIB" C. LAITE, III The economic downturn in the past few years brought to light deficiencies in North Carolina's mechanic's lien and payment bond laws. Given the "rob Peter to pay Paul" syndrome that evolved as contractors and subcontractors struggled to survive...

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...

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...