Here at Construction Law Musings , I have discussed the interaction between fraud and contracts on many occasions.  My client, Environmental Staffing (En-Staff) filed a Little Miller Act claim and a claim for breach of contract for Beamon’s failure to pay for temporary staffing that En-Staff provided it at the Jeffry Wilson housing project demolition in Portsmouth, VA.  The Court then concluded that no fraud occurred and that, as expected, Beamon had to proceed under a contract theory. Image via Wikipedia. Recently, I got to put my advice into action.  Beamon, et. MORE >>

All lawyers talk about the need for a good written construction contract.  As both Chris and I have written about previously, the contract is the king.  What is a contract? All a contract requires is an offer, an acceptance, and an exchange of promises.  No special contract forms need to be used, although they can be helpful. More importantly, what makes a good contract? The specifics of what should go in your construction contract depend on your project role, the project scope, the jurisdiction you are in, and numerous other factors.  license. MORE >>

They both emphasize the need to carefully read and analyze statutes and contracts. The second case emphasizes the power of contractual language and the weight that Virginia courts will give to the language used in written construction contracts. These conditions required that, prior to litigation, any claim relating to the contract had to be submitted to the architect for review.  The takeaway from both of these cases is that courts will look at statutes and contracts, and enforce them.  Originally posted 2009-12-07 09:00:00. Republished by Blog Post Promoter. Wrong. MORE >>

The Mayfield | Broderick Construction Contract Review Checklist is a good starting point to help you know what to look for in your construction contracts.  . When bidding a construction contract, it is critical to know your risks, manage your risks, and price your risks accordingly. This Construction Contract Review Checklist highlights some of the key construction, commercial, and legal clauses to look for in your contracts.  . I’m pleased to roll out a handy free reference tool for construction companies. MORE >>

One of the comments in this thread suggests that a contractor cannot file a mechanic’s lien if they won’t have a written contract. Having a written contract is a great idea.  However, in the vast majority of states, you do not need a written contract to file a mechanic’s lien.  Mechanic Liens Myths Oral ContractTry as I might on this blog, it’s very difficult to correct all of the false information and myths about mechanic lien law that’s out there on the Internet.  In most cases, this is untrue. MORE >>