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?
The Lien 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. [...]
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 [...]
Mechanics Lien Law: Is There Room for Quantum Meruit and Unjust Enrichment in Virginia?
Here at the PAID blog we write a lot about how unpaid subcontractors can get paid by filing a mechanics lien because we think a mechanics lien is the best tool for getting paid. Nevertheless, there are also other avenues unpaid parties can take, to recover payment. Two other causes of action unpaid subs can [...]
Pay When Paid: Virginia Revisited
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), and explained in a recent post, Virginia examines each pay when paid clause dispute on a case by case basis when the language of [...]
Pay When Paid Clauses: Virginia’s Unique Interpretation
Just a few weeks ago the PAID 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 [...]
Is Messing With Mechanic’s Lien Statutes a Good Idea?
First of all, thanks to Scott and the other good folks here at the Lien 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 when [...]
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 [...]
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 Lien 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 him [...]
A Virginia Mechanic’s Lien Change for the Better
Christopher G. Hill, LEED AP is solo practitioner, Virginia Supreme Court certified General District Court mediator, lawyer and owner of the Richmond, VA firm, The Law Office of Christopher G. Hill, PC. Chris has been nominated and elected by his peers to Virginia’s Legal Elite in the Construction Law category on multiple occasions and is [...]
Warning: More Virginia Transportation Projects May Be Without Payment Bonds
When performing work on a state construction project anywhere in the nation, those furnishing labor or materials to the project typically have bond claim rights in lieu of mechanics lien rights. These claims are secured pursuant to “Little Miller Act” statutes present in each state. Whenever a contractor or supplier goes unpaid on a state construction project, [...]
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