Originally posted 2014-01-13 09:00:34. After last week’s quick detour to discuss Kevin Underhill’s great book, we’re back to discuss more “serious” topics. Namely, how to move forward relating to your construction disputes in 2014. As anyone that regularly reads Construction Law Musings knows, I am a Virginia Supreme Court certified mediator and an advocate of […]
Is Arbitration Always the Answer?
Originally posted 2016-04-19 10:50:36. After a long (for me) hiatus due to Spring Break with my wonderful family followed by a crazy last two weeks for both personal and business reasons, I’m back and ready to muse again. This week’s “musings” concern a topic that arises often in construction contracts and construction dispute resolution. The […]
Anatomy of a Construction Dispute- An Alternative
Originally posted 2015-02-02 10:16:10. Over the past three weeks, I’ve discussed three “stages” of a construction dispute from the claim, to how to increase the pressure for payment, to the litigation. While these three steps are all too often necessary tools in your construction collection arsenal, they are expensive and time consuming. No well run […]
Continuing the ADR Discussion at ALPS 411
This is alternative dispute resolution (ADR) week here at Construction Law Musings. Monday’s post was a primer on two popular ADR methods and now, I’ve got another post at the great ALPS411 Blog. The post explores whether you, as a construction pro, would want a mandatory arbitration clause in your construction contract. Here’s an excerpt. […]
Why You May Not Want a Mandatory Mediation Clause in Your Construction Contract
I know, you are likely surprised by the title of this post. You’ve read Construction Law Musings for a while now and know that as a Virginia Supreme Court certified mediator, I have advocated mediation as a great way to resolve your construction disputes short of the expensive and time consuming litigation process. Knowing all of […]