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

I 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

Why You May Not Want a Mandatory Mediation Clause in Your Construction Contract

I know, you are likely surprised by the title of this post. You’ve read Construction Law Musings for a while now and know that as a Virginia Supreme Court certified mediator, I have advocated mediation as a great way to resolve your construction disputes short of the expensive and time consuming litigation process. Knowing all of

Why You Need a Contract Mediation Clause

Originally posted 2014-05-09 09:00:06. Republished by Blog Post PromoterFor this week’s Guest Post Friday here at Musings, we welcome Seth J. Smiley. Seth is the managing member of Wolfe Law Group, LLC, a boutique law firm located in New Orleans, Louisiana. Seth handles all aspects of construction cases from initial contracting to payment once work

Talking Mediation at AEC Forensics

Thank you to my friend and relatively frequent guest poster here at Construction Law Musings, Brian Hill (@aecforensics) for letting me invade his great blog on risk management and best construction practices, AECforensics.com, and talk about one of my favorite topics, mediation. As I have said on many an occasion, mediation is often the most

Don’t Forget to Mediate the Small Stuff

It’s been a while since I talked mediation here at Construction Law Musings. Those that read regularly (thanks) have likely missed my musings on the topic. Those who read this construction blog regularly also know that I am both a Virginia Supreme Court certified general district court mediator and a huge advocate of mediation as

Construction Mediation (Often) Isn’t About Money

Originally posted 2013-09-30 14:03:15. Republished by Blog Post PromoterDid the title of this week’s Musings get your attention? I hope so. If it didn’t, maybe I should say it again. Mediation (often) isn’t about money. I know, you thought that the bottom line in litigation or other dispute resolution (particularly in the construction field) was

When Is Mandatory Arbitration Not Mandatory?

Originally posted 2015-08-10 10:16:47. Republished by Blog Post PromoterI have discussed my views on mandatory mediation in construction contracts at other places here at Musings and also discussed how the contract is king here in Virginia. A recent Charlottesville, Virginia Circuit Court case combined these two concepts to allow a subcontractor to proceed straight to

Conflict? Construction Mediators Thrive On It

Originally posted 2013-10-16 16:11:03. Republished by Blog Post PromoterYesterday I attended a great CLE/CME (Continuing Mediator Education) seminar entitled “Brave New World for Mediation: Skills for Forging the Future.” Aside from the skills learned from the mediators at the seminar, one thing stuck with me from the keynote speech. In the course of his discussion

Alert: AAA Construction Industry Rules Update

Originally posted 2015-08-24 09:00:14. Republished by Blog Post PromoterThe American Arbitration Association has made some needed updates to their Construction Industry Arbitration and Mediation Rules, effective July 1, 2015. Among the changes listed at their website are: A mediation step for all cases with claims of $100,000 or more (subject to the ability of any

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

Originally posted 2015-01-26 09:00:48. Republished by Blog Post PromoterOver 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