The Anatomy of a Construction Dispute Stage 3- The Last Straw

Uncyclopedia dispute resolution

Uncyclopedia dispute resolution (Photo credit: Wikipedia)

Over the past two weeks here at Construction Law Musings, I’ve discussed the first two stages of a typical construction dispute (if such a thing exists): the claim, and how to bring heat short of litigation/arbitration.  As promised, this week I’ll be discussing the next step or “last straw” in a construction dispute, namely, arbitration or litigation to enforce all of those rights that you preserved in the first two stages.

Construction litigation is expensive, time consuming, and, quite frankly, a pain in the neck.  Because of this fact, I almost always recommend that my construction clients exhaust all of the non-litigation methods (including mediation of course) of resolving their disputes prior to “going nuclear” and filing suit.  Unfortunately, even the most diligent attempts at less formal resolution means can be unfruitful and more formal means become necessary.

Join Me In Fairfax, VA for a “Hanging a Shingle” CLE

On January 29, 2015 I will be joining a great group of solo practitioners to help out those that are thinking of “hanging a shingle” and starting a journey that I started almost 5 years ago now.  Here’s the brochure and information. If you want the information electronically, here’s the Virginia CLE website registration information….

The Anatomy of a Construction Dispute Stage 2- Increase the Heat

Last week we discussed the groundwork and circumstances of a construction claim.  This week’s post will discuss the next steps, hopefully short of full blown arbitration or litigation that you, as a construction company, can pursue presuming your claim has been properly preserved. If your contract requires certain steps such as informal resolution attempts or…

Aarow Equipment v. Travelers- An Update

Originally posted 2011-11-28 09:00:07. Previously here at Musings, I discussed the application of pay if paid clauses and the Miller Act.  The case that prompted the discussion was the Aarow Equipment & Services, Inc. v. Travelers Casualty and Surety Co. case in which the Eastern District of Virginia Federal Court determined that a “pay if…

The Anatomy of a Construction Dispute- The Claim

A  new year brings with it promise and challenges.  The promise is a relatively clean slate and the thought that 2015 will be a great year for construction professionals and those that assist them.  The challenges come from the almost inevitable issues that can arise on a construction site with its many moving parts and…

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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