In the past week or so mandatory arbitration has been all the rage. From those that argue that arbitration is becoming more burdensome than litigation, to my friend and fellow construction attorney Scott Wolfe who gives great advice on how to make arbitration worth it again. You can place me in the camp of those [...]
Thoughts on the construction landscape from Christopher G. Hill, Virginia construction lawyer, LEED AP and member of the Virginia Legal Elite in Construction Law
Category Archives: ADR
E-Mail Can Waive Arbitration (sometimes)- A Cautionary Tale
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 wrinkle to this analysis. [...]
Personal Thoughts on Construction Mediation
Originally posted 2009-11-30 09:00:10. Republished by Blog Post PromoterAs I left a mediation last week at 8:30 at night, I realized something that I knew all along. Mediation works. Why does mediation work? For several reasons that I can think of. The first, and likely most important is that lawyers are expensive. In most construction [...]
Mediation Training: A View From the Other Side of the Table
I have discussed my experiences with mediation and other thoughts on this alternative dispute resolution (ADR) process on several occasions here at Construction Law Musings. I’ve also shared the views of some of the other great folks and mediators that have been kind enough to guest post here, including Victoria Pynchon (@vpynchon) and Ron White (@mediatoronwhite). [...]
Another Reminder to Read Your Construction Contracts
Recently, I came across another Virginia construction case that serves as both a reminder that, in Virginia, the contract is king and that because of this fact, the contract will be enforced by its terms. In L. White and Company v Culpeper Memorial Hospital, the plaintiff contractor (L. White and Company) sued the hospital for [...]
