Legal Updates

This February, the United States Court of Appeals for the Fourth Circuit confirmed that subcontractors in Virginia face an almost insurmountable task when attempting to avoid an unambiguous pay-when-paid clause. In Universal Concrete Products Corp.… Read More

One of the dilemmas faced by Virginia construction law practitioners is determining what types of materials provided or labor performed on a project are properly the subject of a mechanic’s lien. While Virginia Code § 43-3 provides that a mechanic… Read More

One of the dilemmas faced by Virginia construction law practitioners is determining what types of materials provided or labor performed on a project are properly the subject of a mechanic’s lien. While Virginia Code § 43-3 provides that a mechanic… Read More

The Fifth Circuit recently considered the question of whether interim mechanic’s lien waivers executed by a contractor released extra work claims and delay damages incurred prior to the waiver. In Addicks Servs., Inc. v. GGP-Bridgeland, LP, 2010 W… Read More

The Montana Supreme Court recently released an opinion addressing the priority between a construction loan trust indenture and a mechanic’s lien (March 22, 2010). In Signal Perfection, LTD v. Rocky Mountain Bank-Buildings, 2009 WL 3628027 (Mont. N… Read More

Last August, the Maryland Court of Appeals addressed whether a termination for convenience clause in a private construction contract must be exercised in good faith (March 16, 2010). Last August, Maryland’s highest court, the Court of Appeals, addr… Read More

Sureties writing bonds in Virginia should be aware of a new case involving payment bond claims on a federal project which substantially limits the surety’s right to defend the case in reliance upon the contractor’s right of set-off.  InÂ… Read More