To Require Arbitration or Not To Require Arbitration

Uncyclopedia dispute resolution

Uncyclopedia dispute resolution (Photo credit: Wikipedia)

Many, if not most, construction contracts that I review during the course of my practice day include a mandatory arbitration clause.  Most of these refer in a blanket manner to AAA Construction Industry Rules.  The topic for this post is not whether such clauses are enforceable or whether they are one tool in the contracting tool box in a state where the contract is king.  I picked the title of this post carefully because I wanted to discuss whether such clauses should be required as a routine part of all construction contracts and, if so, how those clauses can and should be written.

My How Six Years of Musings Can Fly By!

Wow!  It seems like just yesterday that I started this little construction law blog with a two line post on the Blogger platform.  When I posted that announcement six (yes, it’s been 6 years) ago basically on a whim, I had no idea that I would still be posting my “musings” on construction related topics…

Just When You Thought General Contractors Were Necessary Parties. . .

Did you think that a subcontractor had to name a general contractor in a mechanic’s lien suit?  I did.  Did you think that nothing about this changed in the case where a Virginia mechanic’s lien was “bonded off” pursuant to Va. Code Section 43-71?  I did. Well, a recent Virginia Supreme Court case, Synchronized Construction Services…

Even with LEED, Clear Specifications and Proper Documentation are Necessary

Originally posted 2014-07-30 11:00:41. A recent lawsuit filed in California over the proper documentation necessary for LEED certification (discussed in detail at the Green Building Law Update) emphasizes the fact that, no matter how detailed the LEED certification process seems to be, a mere reference to that process or a certain level of LEED certification…

Humbled Again by Joining the 2014 Legal Elite

Once again, I am humbled and highly gratified by my inclusion in the 2014 Virginia Business Legal Elite in the Construction Law category.  For the 8th year running and spanning my time at my prior firm and my four and a half years in solo practice, my peers have seen fit to nominate and vote…

About musings

I am a construction lawyer in Richmond, Virginia, a LEED AP, and have been nominated by my peers to Virginia's Legal Elite in Construction Law on multiple occasions. I provide advice and assistance with mechanic's liens, contract review and consulting, occupational safety issues (VOSH and OSHA), and risk management for construction professionals.

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