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

Thoughts and Thank Yous from Construction Law Musings

Thoughts and Thank Yous from Construction Law MusingsWell, I’m back from vacation and right back into the fun world of construction law with both feet. Talk about hitting the ground running. Off of the plane on Monday, a General District Court hearing on Tuesday and a 10 hour mediation on Thursday last week. While the pace is high, the clients are great and the area of law one that I truly enjoy so the pace makes my practice fun.

This past week brought to the forefront two main areas of my construction law practice, mediation and litigation. Both have their place in the pantheon (yes I was in Rome so this sort of word is on my mind) of dispute resolution. Construction litigation can and often is a great avenue for dispute resolution when other options run out. Miller Act bond claims, mechanic’s lien litigation and the tried and true breach of contract action have a wonderful place in the heart of the construction attorney. These rights are necessary tools for contractors, subcontractors and suppliers when the payment stream breaks down. Without these tools, construction would slow in my opinion because such rights allow for work to be done while the construction professionals that do the work feel somewhat protected from risk (of course a good contract is the best way to protect yourself from risk).

Ironically, litigation can also lead to one of my favorite dispute resolution techniques: mediation. Mediation (even when it does not end in an agreement) gives business people the chance to come up with their own solution to a business problem. With the assistance of a mediator (and of course their trusted construction lawyer), the parties can deal with their legal dispute on their terms and avoid the time, direct and indirect expense of litigation. I highly recommend that any litigator at least take a CLE giving some insight into the mediation process. I can attest to the fact that my training to become a Virginia Supreme Court certified General District Court mediator has given me insight that has helped my clients resolve disputes that may not have been resolved but for this insight.

Thank you to all of you that read this construction blog and particularly those that contribute to the Guest Post Friday page. Thanks also to those of you who have supported my firm for the last two plus years. Without you all, my professional world (not to mention this blog) would not be half as interesting and fulfilling.

As always, I welcome your comments below. Please subscribe to keep up with this and other Construction Law Musings.

Thoughts and Thank Yous from Construction Law Musings
Print Friendly, PDF & Email

2 Responses to Thoughts and Thank Yous from Construction Law Musings

  1. Welcome back Chris. Looking forward to your posts – it is interesting reading now from a different perspective – definitely agree re mediation.

  2. Just came across this blog, really interesting articles here about keeping legalities, help keep buildings green and other useful information.You’re obviously well-versed in the construction.

    I wasn’t really sure the best way to reach you, but I also know some of your readers may be looking to increase their knowledge and could benefit from checking out the new Owens Corning Architectural Information Center.

    It’s our comprehensive resource for new and old builders, architects, specifiers and contractors who need to learn new guide specifications, complete additional training, read about commercial products, see updates on Sustainability and more!

    Owens Corning Architectural Information Center

    Thanks and keep writing!

    Adam
    Owens Corning Digital

Leave a reply