Category Archives: Construction Law

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

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…

Why Attorney Fees Provisions Must Be in Your Contracts

Originally posted 2010-09-13 09:00:26. This past July, the Roanoke Circuit Court reminded us all of the need to put attorney fees provisions in construction contracts.  In the case of Shen Valley Masonry, Inc. v. Thor, Inc., et al., the Court, among other rulings, allowed the defendant to collect its attorney fees because Thor had such…

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…

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