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Articles

Mechanic’s Liens: Part One. Technical Risks

Virginia law provides for a mechanic lien intended to insure payment to persons who supply labor or materials for construction projects. On first blush, the requirement is simple – to file the mechanic’s lien. But over the years judicial interpretations of the statutory provisions have made the requirements much more complex than that; and any… Read more »

Mechanic’s Liens: Part Two. Practical Risks

A mechanic’s lien is a powerful tool to secure payment for construction work.  As discussed in the last article, however, there are technical requirements to prepare a mechanic’s lien.  Heads Up Sprinkler lost its mechanic’s lien after five years because it failed to include a statement that it “intended to claim the benefit of the… Read more »

An Introduction to Copyright Law for Architects

Authored by attorney J. Brandon Sieg Architects are afforded copyright protection for their work, but what is the scope of your protection?  Courts are still wrestling with this question, and the answer will vary depending on the nature of your project. Historically there was little protection beyond physical copying of an architect’s drawings.  In 1990,… Read more »

Just Sign Here

Authored by attorney James W. Walker Have you ever performed work for a client without getting the client’s signature on a contract?  If a problem later surfaced, could you enforce its terms? In many states, the answer is a resounding …maybe.  Signed contracts are important because they establish with certainty who the client is, what… Read more »

New Virginia Laws Address Medical Provider Billing

On July 1, 2014, new laws go into effect in Virginia to address medical provider billing in state workers’ compensation cases. The changes include additions to Virginia Code Section 65.2-605 which limit the amount that medical providers may charge for the services of nurse practitioners, physician’s assistants and assistant surgeons during surgery. Additionally, the changes… Read more »

Are All Damages Equal?

Authored by attorneys Edward E. Nicholas, III and Maggie D. Finnegan If liability is clear (that is, the breach of contract cannot be disputed), then it comes down to damages. How much may the plaintiff recover? All damages caused by the defendant’s breach? Not necessarily, because, to answer the question posed above, not all damages are… Read more »

For Subcontractors-Incorporation By Reference: A Contract Clause Worth Negotiating

Authored by attorney Casaundra M. Maimone Subcontractors should review proposed terms and negotiate final terms that are best suited to their role on the project.  One concern is the impact of clauses incorporated by reference that might involve scope of work, quality, payment and disputes. In government contacts many clause must be “flowed down” to… Read more »