Thoughts on construction law from Christopher G. Hill, Virginia construction lawyer, LEED AP, mediator, and member of the Virginia Legal Elite in Construction Law

ADR

Mediation and ArbitrationI have often discussed mediation and arbitration as methods of resolving construction disputes here at Construction Law Musings.  I have also discussed my journey from construction litigator to litigator/mediator. The posts on this page (or here if on a mobile device) consolidate my thoughts as well as those of others into one place for your review.

Please let me know your thoughts on ADR or contact me with any questions (whether they be about mediation, arbitration, or otherwise).  Also, if you are interested in mediation services, please review the information on my firm’s website and let me know how I can help.

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E-Mail Can Waive Arbitration (sometimes)- A Cautionary Tale

Originally posted 2010-12-11 10:00:10. We have discussed arbitration clauses at length here at Musings.  From the judicious use of these clauses to help resolve disputes to waiver of rights under these clauses through inaction, arbitration clauses permeate the construction landscape.  A recent case out of the Western District of Virginia Federal Court adds a new

Is Arbitration Okay Under the Miller Act? It Is if You Don’t Object

Originally posted 2014-10-13 09:15:01. I have discussed both payment bond claims under the Miller Act and alternate dispute resolution (ADR) here at Construction Law Musings on many an occasion.  A question that is sometimes open is what to do when there is contractually mandated arbitration for claims “relating to the contract or the work.” While

When is Mediation Appropriate for Your Construction Case?

Originally posted 2015-04-21 10:03:28. Here at Construction Law Musings, I have often discussed mediation as a good alternative to the expense and headaches of litigation.  What I have discussed less often are the circumstances in which it is most appropriate to consider or even push for mediation. The obvious and clearest time that mediation must

A Construction Lawyer Can Help You Negotiate (Not Sue)

Originally posted 2013-05-13 09:00:58. Ever since I read the two articles referenced in last week’s Musings, I have been thinking about how I as a Virginia construction attorney can be part of the solution.  Then, fortuitously, my good friend and ubermediator, Victoria Pynchon, dusted off her Negotiation Law Blog to discuss 10 Reasons To Negotiate

Mediation in the Zero Sum World of Construction

Originally posted 2015-09-28 09:00:20. Construction is a zero sum game.  What do I mean by that?  I mean that even where you, a construction professional with a great construction lawyer, have reviewed and edited a subcontract presented to you or provided a well-drafted contract to the other party that contains an attorney fees provision, every

Anatomy of a Construction Dispute- A Wrap Up

Originally posted 2015-02-06 09:37:58. Over the past four weeks, I’ve “mused” on the “stages” of a construction dispute.  What started as a kernel of thought in my mind turned into what has seemed to be a popular set of four posts that I hope were both informative and interesting.  Because of the great feedback I’ve