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Virginia Mechanics Lien: Don’t File Fraudulent Lien

As we’ve mentioned before, filing a false mechanics lien is not a good idea. Mechanics liens are powerful tools, and just like all powerful tools, they shouldn’t be abused. Some states, however, take filing a fraudulent mechanics lien more seriously than others. Generally speaking, if a mechanics lien is filed fraudulently, the lien claimant is […]

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Virginia Mechanics Liens: New Case Provides Answers and Questions

Complying with timing requirements is crucial to mechanics lien claims, but, as we’ve mentioned before, calculating these deadlines can sometimes be difficult. This is especially true in states with more than one date that must be calculated, and when there are different methods to calculating those dates. Even when the deadlines have been successfully navigated, […]

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Virginia Mechanics Lien Law Amendment: How Much Really Changes?

  Construction Payment Blog recently discussed changes to the mechanics lien law scheme in Virginia. These changes mandate that every mechanics lien claimant have a license, and that the license number and dates of issue and expiration be listed on the face of the lien document, in order for the claimant’s lien to be valid. […]

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Mechanics Liens: Recent Lien Law Amendments in Virginia

The Lien blog is constantly writing about both effective and potential changes in a state’s mechanics lien law.  As we’ve noted, sometimes these changes can be innocuous, such as when Louisiana substitutes an English word for Latin one for its statutes, but others, such as Illinois’ proposed bonding-off amendment, can have major consequences.  Virginia is […]

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Pay When Paid Clauses: Virginia Revisited

Construction and Mechanics Lien Claims

Virginia courts take an interesting and unique approach regarding pay when paid clauses in construction contracts. As outlined by Galloway Corp. v. S.B. Ballard Const. Co., 464 S.E. 2d. 349 (1995), Virginia examines each pay when paid clause dispute on a case by case basis when the language of the contract is not explicitly clear. […]

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Pay When Paid Clauses: Virginia’s Unique Interpretation

Construction and Mechanics Lien Claims

Just a few weeks ago this blog gave our readers a wonderful introduction to the complex world of pay if paid and pay when paid clauses.  As a quick refresher, construction subcontracts sometimes condition payment from the general contractor to the subcontractor on payment from the owner to the general contractor.  General contractors don’t want to […]

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Is Messing With Mechanic’s Lien Statutes a Good Idea?

First of all, thanks to Scott and the other good folks here at the Construction Payment Blog for their continued support of my Construction Law Musings blog with both these opportunities to post and with Scott’s guest posts at Musings (the latest of which is here). Scott has asked me to blog at a time […]

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Don’t Forget The 150-Day Rule In Virginia

On the first day of 2009, I wrote a post about the “150-day rule” in Virginia: Virginia’s Interesting 150 Day Rule. Therein I offered a pithy explanation of the rule: From the last day of work, the claimant must count backwards 150 days. Generally speaking, a contractor is not allowed to include any labor or […]

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The Strict Nature of Virginia Lien Apportionment Rules

This is a guest post from our friend Christopher Hill of the Construction Law Musings blog. Christopher is a construction attorney in Virginia who has contributed to the Construction Payment Blog in the past. We follow his blog closely to keep up to date on mechanics lien law in Virginia and are honored to have […]

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