Category Archives: Contracts

Construction Lawyers Should Be Problem Solvers

No one wants to call a construction attorney. Those of us that practice construction law and advise contractors, subcontractors and suppliers in the construction industry know this. We are associated with problems. We are seen as necessary evils when folks in construction feel the need to call us. I get it and frankly don’t have…

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…

Where Insurance and Contracts Collide in Construction

As has been said a “few” times here at Construction Law Musings, the courts of the Commonwealth of Virginia strictly interpret the actual terms of a construction contract. A recent case in the Circuit Court for the City of Richmond provides yet another example of this fact. In Fixture Specialists Inc. v. MGT Construction Mgmt….

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

Originally posted 2015-01-19 09:00:35. Republished by Blog Post PromoterLast 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…

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…