Originally posted 2013-09-23 10:16:00. Several posts out here in the legal blogosphere have discussed alternative dispute resolution (ADR). One good post out there relating to arbitration is by my friend Matt Devries (@matthewdevries) at his great blog Best Practices Construction Law. In his post, Matt sets forth the case for arbitration as a dispute resolution […]
Default Should Never Be An Option
Originally posted 2023-06-05 09:00:40. Every time I think that the construction industry has learned that failure to respond to a lawsuit is never the correct response, another case of default judgment comes out. I’ve discussed on multiple occasions that failure to respond can only lead to disaster. Aside from being barred from making any substantive […]
Rejection’s a Bear- Particularly in Construction
Originally posted 2010-10-22 09:00:52. Image via Wikipedia As I read through this week’s cases published in Virginia Lawyers Weekly, I came across a case posing an interesting question. The question is, “If your bid is rejected along with everyone else’s, can you complain?” The short answer set out by the Rockingham County, Virginia Circuit Court […]
Six Months of Solo Musings
Originally posted 2011-01-17 17:07:58. Recently, I looked up at the calendar and it hit me. . . I’ve been solo for a bit over 6 months now. Now that I’m six months in, and have 2010 behind me, I thought I’d share a few observations and thoughts. First, and most importantly, the doors are still […]
No End in Sight: Managing Latent Defect Exposure in a Post-Jacobs Engineering World
Originally posted 2014-05-30 15:00:56. For this week’s Guest Post Friday post here at Construction Law Musings, we welcome first time poster Matt Bouchard. Matt is a partner with Lewis & Roberts, PLLC in Raleigh, North Carolina. For over ten years his practice has focused on representing the interests of contractors, sureties and owners in connection […]