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Legal Updates
Nevada's Highest Court Upholds Award Against Electrical Subcontractor That Reneged On Pre-Bid Price Quote. PDF Print

August 8, 2011 - This July, the Nevada Supreme Court ruled that a contractor was entitled to rely on a subcontractor's withdrawn bid under the doctrine of promissory estoppel.

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APPEALS COURT RULES THAT IMPROPER TERMINATION BARS BREACH OF CONTRACT ACTION AGAINST CONTRACTOR AND BOND. PDF Print

 

May 27, 2011 - To reduce the potential damage that a haphazard termination can cause to owners and contractors, many contracts contain specific termination procedures that must be followed.
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VIRGINIA FEDERAL COURT RULES THAT PREJUDGMENT INTEREST MAY NOT BE ASSESSED AGAINST A SURETY UNTIL A DEMAND IS MADE. PDF Print

February 14, 2011 - This past November, the United States District Court for the Eastern District of Virginia found as a matter of first impression in Virginia that prejudgment interest cannot accrue against a surety until a beneficiary has first made a demand for payment against the payment bond.

 

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FLORIDA MECHANIC’S LIEN CLAIMANTS MUST STRICTLY COMPLY WITH FLA. STAT. § 713.21(4). PDF Print

June 4, 2010 - A decision last week exemplified a Florida court's severe application of this statute to mechanic's liens.

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FOURTH CIRCUIT UPHOLDS PAY-WHEN-PAID CLAUSES IN VIRGINIA CONSTRUCTION CONTRACTS. PDF Print

May 5, 2010 - 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.

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FIFTH CIRCUIT HOLDS THAT PARTIAL MECHANIC’S LIEN WAIVERS BAR THE CONTRACTOR FROM CLAIMS FOR EXTRA WORK AND DELAY DAMAGES. PDF Print

April 21, 2010 - 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.

 

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VIRGINIA FEDERAL COURT RULES THAT A MECHANIC’S LIEN CANNOT INCLUDE FURNISHINGS. PDF Print

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 (April 21, 2010). Read article.

 
VIRGINIA FEDERAL COURT RULES THAT A MECHANIC’S LIEN CANNOT INCLUDE FURNISHINGS. PDF Print

April 21, 2010 - 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.

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MONTANA SUPREME COURT RULES THAT MECHANIC’S LIENS TAKE PRIORITY OVER CERTAIN DEEDS OF TRUST PDF Print

 

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).
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MARYLAND’S HIGHEST COURT FINDS IMPLIED DUTY OF GOOD FAITH AND FAIR DEALING IN TERMINATION FOR CONVENIENCE CLAUSES. PDF Print

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).

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News

MARYLAND ENFORCES PAY-IF-PAID CLAUSE AGAINST SUBCONTRACTOR ON A VIRGINIA PROJECT.

(July 7, 2017) - In the recent decision of Young Electrical Contractors, Inc. v. Dustin Construction, Inc., the Maryland Court of Special Appeals, applying Virginia law, affirmed a circuit court ...

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RECENT DECISION HIGHLIGHTS THE BENEFITS THAT QUALIFIED MECHANIC’S LIEN COUNSEL CAN PROVIDE TO LIEN CLAIMANTS.

(June 26, 2017) - Earlier this month, the Virginia Supreme Court issued a mechanic’s lien decision that underscores the benefits of having a qualified mechanic’s lien attorney prepare and file ...

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SHANNON J. BRIGLIA CO-AUTHORS ARTICLE IN TORT TRIAL & INSURANCE PRACTICE LAW JOURNAL.

(May 1, 2017) – Shannon J. Briglia has co-authored an article for the Winter 2017 edition of  the American Bar Association’s Tort Trial & Insurance Practice Journal titled: “Recent Developments ...

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