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 […]
Have the Feds Taken Over Arbitration?
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 […]
Another Reminder to Read Your Construction Contracts
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 […]
When is Mediation Appropriate for Your Construction Case?
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 […]
A Construction Lawyer Can Help You Negotiate (Not Sue)
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 […]