Originally posted 2012-01-27 09:00:35. Republished by Blog Post Promoter
For this week’s Guest Post Friday here at Construction Law Musings we welcome back Nick Pacella. Nick is an architect licensed in New York, New Jersey and Connecticut. His practice has spanned several economic swings and he has been able to reposition the eggs in his basket to make the most of each recovery. He is currently focusing on adapting existing commercial buildings to take advantage of materials and processes that promote improved energy efficiency for both the owner and the tenants. For a more colorful rendition of projects you can visit his company’s website, www.nmparch.com.
It used to be that when you bought something (a car, a refrigerator, a television) it came with an owner’s manual that told you how to operate it, take care of it and prolong its usefulness to you. These days most of these manuals have been boiled down to a pdf on a website somewhere that you can access if and when you find the ne..
Originally posted 2014-05-09 09:00:06. Republished by Blog Post Promoter
For this week’s Guest Post Friday here at Musings, we welcome Seth J. Smiley. Seth is the managing member of Wolfe Law Group, LLC, a boutique law firm located in New Orleans, Louisiana. Seth handles all aspects of construction cases from initial contracting to payment once work is complete. Other areas of focus include mediating, commercial collections, landlord/tenant law, corporate/business formation, and insurance property damage claims. The son of a general contractor, Seth has first hand work experience in the construction industry. Seth is licensed to practice law in Louisiana and California.
He is the main author of the blog Construction Law Monitor.
The construction industry has a complex landscape. Contractors range from the very sophisticated to the guy working out of the back of his truck. Regardless of where you fall on this spectrum, it is imperative to know that the construction world is moving tow..
(Photo credit: Wikipedia)
No one wants to call a construction attorney. Those of us that practice construction law and advise contractors, subcontractors and suppliers in the construction industry know this. We are associated with problems. We are seen as necessary evils when folks in construction feel the need to call us. I get it and frankly don’t have an issue with being associated with problems. If this seems counter intuitive or like I’m giving in to the negative stereotypes of attorneys, I’m not. Just read on to see why I don’t find this to be true.
Mechanic’s liens, bond claims, in fact any construction claim is a symptom of a problem with your project (usually a problem that has to do with payment). When you as a construction company have a claim it is because someone else that is a party to your construction contract or that is working at your construction project has not performed. These issues present problems that, while they are well “problematic,” have a solution. That ..
Originally posted 2012-05-04 10:46:42. Republished by Blog Post Promoter
This week, Musings welcomes Michelle Mangen to the Guest Post Friday fold. Michelle’s vast talents and expert skills in accounting, bookkeeping and Excel, far exceed the average virtual assistant’s scope of knowledge; thereby further enhancing not only her back-end office, but those of her clients. Extending administrative and other remote admin services to her global client base, Michelle creates personalized virtual assistant solutions for each and every client, ensuring 100% customer satisfaction, loyalty and professionalism.
Her core services are: Social Media Management: (Facebook Fan Pages, Social Bookmarking , Twitter, etc.), Aweber, WordPress site management, Bookkeeping and Excel spreadsheets. Additionally she offers administrative services as well. You can reach Michelle at www.TheVirtualAsst.comorfollow her on Twitter at @mmangen.
Larger law firms have the resources at their disposal to place expensiv..
Originally posted 2014-11-17 09:00:34. Republished by Blog Post Promoter
Virginia General Assembly (Photo credit: Wikipedia)
Remember a couple of years ago when the Virginia mechanic’s lien rules changed to require inclusion of a claimant’s contractor’s license number (where a license is required)? If not, then this is a reminder of that particular wrinkle in the strictly interpreted mechanic’s lien statute. This requirement applies to all mechanic’s lien memoranda and, like all parts of this crazy statute, will invalidate a lien if not met. Well, another change to the statute happened with a bit less fanfare.
The change back in 2013 that came along with the license number requirement for a lien memorandum is a change in the mechanic’s lien agent notice requirement that applies to residential construction. The basic requirement, namely that those performing residential construction must notify any mechanic’s lien agent (“MLA”) listed on a building permit within 30 days of starting wo..
Originally posted 2015-01-19 09:00:35. Republished by Blog Post Promoter
Construction Company (Photo credit: Wikipedia)
Last week we discussed the groundwork and circumstances of a construction claim. This week’s post will discuss the next steps, hopefully short of full blown arbitration or litigation that you, as a construction company, can pursue presuming your claim has been properly preserved.
If your contract requires certain steps such as informal resolution attempts or other items, these are the first things that must be done while still preserving your rights to pursue all remedies available. Instituting such contractually required resolution steps can and should be the first “notch” on the dial of increased pressure on the Owner, General Contractor or possibly Subcontractor against whom you have a claim.
Should these not work, or should certain deadlines, whether they be put in place by your state’s mechanic’s lien statutes, the Miller or Little Miller Act, or a private bon..
Location in the Commonwealth of Virginia (Photo credit: Wikipedia)
As has been said a “few” times here at Construction Law Musings, the courts of the Commonwealth of Virginia strictly interpret the actual terms of a construction contract. A recent case in the Circuit Court for the City of Richmond provides yet another example of this fact.
In Fixture Specialists Inc. v. MGT Construction Mgmt. Inc., the Court looked at whether a waiver clause in the prime contract between the owner, Cedar Street Genesis, and the general contractor, MGT Construction Management, Inc. (“MGT”) can be extended to protect a plumbing subcontractor and acknowledged third party beneficiary of the all risk insurance policy carried by the owner. In this case, MGT withheld approximately $130,000.00, an amount over and above any insurance coverage, from Fixture Specialists to cover damages incurred due to a water leak alleged to have been caused by Fixture Specialist’s negligent performance of its scope of work.
Originally posted 2014-04-14 09:00:47. Republished by Blog Post Promoter
For this week’s Guest Post Friday here at Construction Law Musings, we welcome Jason Mark Anderman. Jason is President of WhichDraft, designed to help small businesses, freelancers, and entrepreneurs easily and affordably create the kinds of legal documents they use in their businesses every day via a simple Q&A interface that makes it easy to quickly create sophisticated legal documents, like Confidentiality, Consulting, Software Development and Commercial Lease Agreements.
Today I want to share with you how to use a knowledge management strategy to massively improve your negotiating expertise and ability when it comes to a common commercial lease provision: the option to expand. For the purposes of this post, let’s consider this provision from the perspective of a commercial tenant.
Key Negotiating Points. First you will want to determine your key negotiating points. Excluding rent increase and construction is..
Originally posted 2012-12-24 09:17:57. Republished by Blog Post Promoter
For this Monday edition of Guest Post Friday, we welcome a new contributor, Adam Kreitman. Adam (@amkreitman) is a project manager at North East Interior and an Army Corps Certified Quality Control Manager.
Gov. Deval Patrick passed an act that profoundly affected payment terms on private construction projects in November of 2010. The “prompt-pay” law governs all construction projects greater than $3 million; except for one- to four-unit residential projects. The primary focus of the “Prompt-Pay” Law is to create strict standards on disapproval of requisitions and a time-table on review and approval of extra work and change orders.
According to the now 2 year old law, a contractor/subcontractor/vendor seeking compensation must submit a requisition within 30 days of the end of the first calendar month that occurs at least 14 days after it commenced work. The review of payment applications for the firs..
Virginia General Assembly (Photo credit: Wikipedia)
Well, the Virginia General Assembly has finished its yearly run through the legislative process and this year there are a few highlights for those of us in the construction industry. It is always interesting to see what issues are the big ones that get a lot of attention. This year the changes impacted public procurement, VOSH fines, and employment of unlicensed individuals on a job site. These changes to the various statutes that impact the day to day operation of the construction industry in Virginia will go into effect on July 1, 2017.
The following bills passed the legislature and in my opinion affect my clients in the Virginia construction industry (I’ve used the House Bill numbers, but there are often corresponding Senate Bill numbers as well):
HB2366– This bill amends the Virginia public procurement process to establish requirements for the procurement of construction using the construction management and design-build procur..