Posts from 2013
Maryland Federal Court Stays Mechanic’s Lien Action Pending Alternative Dispute Resolution
Alternative dispute resolution clauses requiring mediation as a condition precedent to litigation are common in construction contracts. While most courts hold that such ADR clauses do not impact a party’s right to file a mechanic’s lien, a recent decision by the U.S. District Court for the District of Maryland found differently. Read More…
Virginia Court Determines Principal is a Necessary Party to Bond Claim
A Virginia court recently determined that a subcontractor’s bond claim that named the surety, but not the principal, was improper. After a subcontractor provided equipment and materials to a general contractor on a construction project, a dispute arose over payment. The subcontractor filed a mechanic’s lien which was then bonded off by the general contractor. The subcontractor then commenced litigation against the surety on the bond. Read More…
Virginia Legislature Amends Mechanic’s Lien Statute
In July 2013, the Virginia legislature amended the Virginia mechanic’s lien statute, which may impact contractors seeking a mechanic’s lien. Va. Code. Ann. §43-1, et. seq. Contractors seeking mechanics’ liens must now demonstrate that they are licensed to perform the work and will forfeit their right to file a mechanic’s lien for unpaid work if they are unlicensed. Read More…
Moore & Lee Secures ASBCA Decision in Favor of Defense Contractor
Moore & Lee recently represented a defense contractor seeking recovery for the increased price of fuel that was required for its performance under a government contract. The defense contractor was contracted with the government to produce missiles. The supply and price of the required fuel for the missiles was controlled by a separate government entity. On appeal, the ASBCA held that the contractor could recover from one government entity for the actions of a separate government entity based on the close relationship between the entities. The Board examined the relationship between the two entities and found that there was a close relationship or “significant bond” between the two such that one entity’s action to increase the price of fuel was imputed to the other. Raytheon Missile Systems, ASBCA No. 57596, 2013 WL 1313461.
Robert D. Windus Lectures at National NEBB Conference
Robert Windus was a panel member lecturing at the National Environmental Balancing Bureau’s 2013 Annual Conference held May 2-4 in Montreal, Canada. The lecture panel addressed scheduling, testing, balancing and commissioning in addition to contracting and claims issues. In this interactive lecture, panel members engaged the 250 lecture attendees and addressed current pertinent industry issues involving testing, balancing, commissioning and contracting.
Kristen A. Bennett Lectured at the American Health Lawyers Association Long Term Care Conference, Austin, Texas
Kristen Bennett lectured on the topic of management of litigation for long term care clients. Ms. Bennett‘s lecture addressed and provided valuable advice involving legal claims, defenses, strategies to achieve beneficial resolutions and related issues encountered by long term care providers. The lecture was presented to the American Health Lawyers Association in Austin, Texas.