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

Mediation and ArbitrationI 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 review.

Please let me know your thoughts on ADR or contact me with any questions (whether they be about mediation, arbitration, or otherwise).  Also, if you are interested in mediation services, please review the information on my firm’s website and let me know how I can help.

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The New Jersey Construction Triangle – Compelling Arbitration Without a Contract Provision Between Subcontractor and Owner/Developer

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ADR, Construction Law, Contracts, Guest Post Friday

Originally posted 2014-08-22 09:20:26. For this week’s Guest Post Friday here at Musings, we welcome Bennet Susser.  Bennet is a founding member and shareholder of the New Jersey law firm, Jardim, Meisner & Susser, P.C. He has over 25 years’ experience in representing clients in all types of complex (and not so complex) litigation, including

Don’t Forget to Mediate the Small Stuff

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ADR, Construction

Originally posted 2017-07-27 10:50:25. 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

Another Reminder that Contracts are Powerful in Virginia

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ADR, Construction, Construction Law, Contracts

Originally posted 2021-01-14 15:53:02. Regular readers of this construction law blog are likely tired of my refrain that the contract is king here in Virginia.  With few exceptions, some of which have been passed in the last few years, the contract can and does essentially set the “law” for the transaction.  A recent opinion from

Mediators and Breaking through Impasse

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ADR, Business of Construction, Guest Post Friday

Originally posted 2012-03-23 14:40:40. For this week’s Guest Post Friday here at Construction Law Musings, we welcome back Vickie Pynchon for a (record?) 5th time. Vickie (@mediatesuccess) mediates with ADR Services, Inc. in Los Angeles, arbitrates for the American Arbitration Association and is the co-founder of She Negotiates Consulting and Training (http://shenegotiates.com).  Victoria has authored

E-Mail Can Waive Arbitration (sometimes)- A Cautionary Tale

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ADR, Construction Law, Contracts

Originally posted 2010-12-11 10:00:10. 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

Is Arbitration Okay Under the Miller Act? It Is if You Don’t Object

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ADR, Bond Claims, Construction, Construction Law, Contracts

Originally posted 2014-10-13 09:15:01. I have discussed both payment bond claims under the Miller Act and alternate dispute resolution (ADR) here at Construction Law Musings on many an occasion.  A question that is sometimes open is what to do when there is contractually mandated arbitration for claims “relating to the contract or the work.” While