If you’ve been reading Construction Law Musings lately you know that I’ve been on a bit of a mediation kick. I’ve recently been certified by the Virginia Supreme Court and have had a few mediations lately. I’ve discussed the mediation process from the perspective of the advocate and that of the mediator. Of course, most, […]
Reminder: Construction Litigation is Expensive, Be Sure It’s Worth It
I know, this title is yet another seemingly obvious statement in a series of them here at Construction Law Musings. I seem to be going from cliche to cliche these days and musing on things from necessary evils to naming the correct parties in a lawsuit. However a recent post from my fellow “blawger” and […]
Just When I Thought the Debate Had Died Down. . .
This morning as I sat dealing with both the preparation for a two day arbitration and a minor case of writer’s block, I saw a great note from my friend Brett Marston at the Virginia Construction Law Update that again piqued my interest. Brett pointed out a great viewpoint article in ENR Magazine written in […]
The Construction Lawyer as Mediator
While there has been much discussion about whether a construction attorney’s involvement is actually a detriment to a construction project and its potentially litigious aftermath, I have spent a couple of posts here at Construction Law Musings to discuss the benefits of hiring a construction attorney early in the project, and even later in the […]
Be Careful with Arbitration Clauses in Construction Contracts
The Fairfax County Circuit Court has done it again. In Comer, et. al v. Goudie, et. al., CL 2008-2110 (December 11, 2008), the Fairfax Court considered the following: The Plaintiffs in the three suits decided by the Court entered into contracts with Timberline Design and Build, Inc. (“Timberline”) for the construction of their homes. The […]