Both of these are great points and got me thinking about them from my perspective as a construction attorney here in Virginia.  Without an expertise in a particular construction trade, a contractor in Virginia (or anywhere else for that matter) will have a tough time accurately bidding the work (more on this later) and 2.  You, as a construction professional will be more likely to make costly (in a monetary and possibly safety sense) errors.  I recommend it to those in the construction industry as well as those who advise them. Image via Wikipedia. MORE >>

Punitive damages are hard to come by in construction law cases.  This is because almost all construction contract cases are exactly that: contract cases.  Between the economic loss rule and the Virginia Courts’ almost (though not completely) impregnable wall between tort and contract , punitive damages may seem completely out of the picture.  Depending on your perspective and position on the construction project food chain, this fact can be either frustrating or comforting. negligence isn’t in play, this is construction. Image via Wikipedia. MORE >>

See original article at Is Virginia Poised To Change Its Mechanics Lien Law For The Worse? Hat tip to our good friend Christopher Hill and his Construction Law Musings blog for his great commentary on House Bill 1265 currently pending before the Virginia legislature and threatening to change Virginia’s mechanics lien deadlines. Chris wrote two posts over the past few weeks about the pending Virginia HB 1265, both of which I recommend: A Cloud On The Horizon fr Mechanics Lien Claimants In Virginia. The Cloud Dissipates (a bit). MORE >>

Recently, I discussed some issues with a non-Virginia contractor.  It’s principal had some great questions that reminded me that construction law here in the Commonwealth of Virginia can be a bit different from that in other states.  This fact is not only true for mechanic’s lien and “ Little Miller Act &# claims, but for registration of businesses, occupational safety, construction contract claims , and other state law specific items. Also, please subscribe to keep up with the latest Construction Law Musings. Image via Wikipedia. license. MORE >>

case in which the Eastern District of Virginia Federal Court determined that a “pay if paid” clause coupled with a proper termination could defeat a Miller Act bond claim.  However, as I found out a couple of weeks ago at the VSB’s Construction Law and Public Contracts section meeting , the 4th Circuit Court of Appeals reversed and remanded this case in an unpublished opinion ( Aarow Equipment & Services, Inc. While I don’t know the final result of the remand, I commend Aarow’s construction attorneys for their creative arguments.  license. MORE >>