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 […]
Construction Mediation (Often) Isn’t About Money
Did the title of this week’s Musings get your attention? I hope so. If it didn’t, maybe I should say it again. Mediation (often) isn’t about money. I know, you thought that the bottom line in litigation or other dispute resolution (particularly in the construction field) was money. Before I added “construction mediator” to the […]
When Is Mandatory Arbitration Not Mandatory?
I 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 litigation despite various ADR provisions in the contract […]