Brian Clarke | Sands Anderson Mechanic’s liens have long been a valuable tool for mechanics and materialmen in the Commonwealth to secure their rights to payment. Yet, despite mechanic’s liens having been in existence for well over a century, properly perfecting and enforcing a mechanic’s lien continues to prove an extraordinarily difficult task, even for… Continue reading Nobody’s Perfect(ed): The Complex Landscape of Mechanic’s Liens in Virginia
Tag: Virginia
New Amendments to Virginia’s “Prompt Payment” Law take effect July 1, 2023
W. Alexander Burnett and Christopher McDonald | Williams Mullen In 2022, the General Assembly enacted significant changes to Virginia Code §§ 2.2-4347, 2.2-4354 and 11-4.6 that mandated prompt payment by owners, contractors and subcontractors on public and private construction projects and invalidated “pay if paid” clauses (the Prompt Payment law). That Prompt Payment law became effective as of January 1,… Continue reading New Amendments to Virginia’s “Prompt Payment” Law take effect July 1, 2023
Virginia General Assembly Tweaks Pay-if-Paid Ban
Christopher G. Hill | Construction Law Musings Last year, the Virginia General Assembly passed into law a ban on the so-called pay-if-paid clauses, effective January 1, 2023. I shared my thoughts and concerns with the legislation as drafted at the time of its passage. During this most recent legislative session, and among some other construction-related bills, the General Assembly… Continue reading Virginia General Assembly Tweaks Pay-if-Paid Ban
Virginia Bans Pay-If-Paid Clauses to Protect Construction Subcontractors
Meghan Hunter Harrison | Troutman Pepper Virginia has joined the ranks of states that ban “pay-if-paid” clauses. Contingent payment clauses, like “pay-if-paid” and “pay-when-paid” clauses, protect contractors: A contractor need not pay its subcontractors or suppliers until the owner pays the contractor. A “pay-if-paid” clause conditions a subcontractor’s right to payment on the owner paying the contractor.… Continue reading Virginia Bans Pay-If-Paid Clauses to Protect Construction Subcontractors
One More Mechanic’s Lien Number- the Number 30
Christopher G. Hill | Construction Law Musings I’ve spoken here often about the numbers 90 and 150 as they relate to Virginia mechanic’s liens. These numbers are important for all mechanic’s liens in Virginia, whether commercial or residential (meaning liens for 1 and 2-family homes). There is another number, 30, that is important for those construction contractors that… Continue reading One More Mechanic’s Lien Number- the Number 30