Originally posted 2016-12-12 09:00:31. Image via Wikipedia All of us in construction have run into mandatory arbitration clauses in our contracts. These clauses are more or less desirable based upon the size of project and other factors that will provide a topic for another post here at Musings or in my class at Solo Practice
Originally posted 2010-12-06 10:49:11. Recently, I came across another Virginia construction case that serves as a reminder that, in Virginia, the contract is king and that because of this fact, the contract will be enforced by its terms. In L. White and Company v Culpeper Memorial Hospital, the plaintiff contractor (L. White and Company) sued
Originally posted 2015-04-21 10:03:28. Here at Construction Law Musings, I have often discussed mediation as a good alternative to the expense and headaches of litigation. What I have discussed less often are the circumstances in which it is most appropriate to consider or even push for mediation. The obvious and clearest time that mediation must
Originally posted 2013-05-13 09:00:58. Ever since I read the two articles referenced in last week’s Musings, I have been thinking about how I as a Virginia construction attorney can be part of the solution. Then, fortuitously, my good friend and ubermediator, Victoria Pynchon, dusted off her Negotiation Law Blog to discuss 10 Reasons To Negotiate
Originally posted 2015-09-28 09:00:20. Construction is a zero sum game. What do I mean by that? I mean that even where you, a construction professional with a great construction lawyer, have reviewed and edited a subcontract presented to you or provided a well-drafted contract to the other party that contains an attorney fees provision, every