Virginia Construction Law: An Overview of Construction Contracts
There are many moving pieces on the typical construction site. Inevitably, this fast-paced environment leads to mistakes or delays. In light of the necessity to allocate risk for these occurrences, it is essential to consult an experienced Virginia construction lawyer. The allocation of risk is best addressed in a written contract between the parties. An effective construction contract should address such issues as change orders, dispute resolution procedures, claim procedures, payment terms, site conditions, notice, and damages for delays. For example, a construction contract typically requires change orders to be approved in writing prior to performance of the work. It is important to be aware of all contractual provisions before a contractor invests additional time and money on the project.
Virginia Construction Law: An Overview of Mechanic's Liens
A Virginia "mechanic's lien" is a security interest in real estate for contractors who supplied labor or furnished materials for that property. This security provides another avenue for recovery, and can be filed in conjunction with a breach of contract claim. It also can be invaluable when a higher tier contractor becomes insolvent. In order to file a mechanic's lien, a memorandum of mechanic's lien must be filed in the land records of the county where the construction project is located.
Time is of the essence in filing your mechanic's lien! Typically, a mechanic's lien must be filed within 90 days of the last day of the month the contractor last supplied labor or furnished materials. A skilled Virginia construction lawyer can assist in properly drafting and filing a memorandum of mechanic's lien, enforcing the lien, or defending against such liens.
For a free consultation with a construction lawyer, contact McClanahan Powers by e-mail or phone at 703-520-1326. All calls and e-mails are returned within 24 business hours.
Virginia Construction Law: An Overview of Payment Bond Claims
In light of policy considerations, subcontractors cannot file mechanics' liens on public projects. Instead, general contractors are typically required to provide payment bonds in order to secure payment of subcontractors. At the federal level, these requirements are governed by the "Miller Act," while the "Little Miller Act" governs state projects in Virginia.
All bond claimants must file suit on the bond within one year of last supplying labor or material for the project. However, additional requirements are imposed on second tier subcontractors (i.e. sub-subcontractors). These claimants must provide written notice to the prime contractor within 90 days from the date on which the second tier subcontractor last supplied labor or materials for which the claim is made. A knowledgeable Virginia construction attorney can assist in properly providing such notice, and enforcing a payment bond claim.
Free Virginia Construction Law Consultation
For a free consultation with a Virginia construction lawyer, contact McClanahan Powers by e-mail or phone at 703-520-1326. All calls and e-mails are returned within 24 business hours.
