Originally posted 2011-07-29 09:00:40. In the past week or so mandatory arbitration has been all the rage. From those that argue that arbitration is becoming more burdensome than litigation, to my friend and fellow construction attorney Scott Wolfe who gives great advice on how to make arbitration worth it again. You can place me in […]
Sometimes a General Damages Assessment is Enough. . .
It has been a while since I last posted here at Construction Law Musings. Life, law practice, and “blogger’s block” have taken their toll on the posting schedule. Hopefully this will be one of several upcoming posts now that the litigation schedule has lightened a bit over the summer. Today’s post is about damages. Specifically […]
Check Out Issue 1 of Virginia’s Construction Voice Magazine
Originally posted 2018-10-30 14:29:03. Recently the Associated General Contractors of Virginia published its first print magazine, Virginia’s Construction Voice. I have always enjoyed my membership in this organization and find the AGC-VA to be a worthwhile expenditure of time and resources for a construction attorney like myself. I recommend that you check out both the […]
Uniwest Rides Again (or, Are Architects Subject to Va. Code Section 11-4.1?)
Originally posted 2018-10-03 11:07:55. In 2010, the Virginia Supreme Court held in Uniwest Const., Inc. v. Amtech Elevator Servs., Inc., that Va. Code Sec. 11-4.1 renders completely void and unenforceable any indemnification provision in a construction contract between a contractor and subcontractor that seeks to indemnify the indemnified party from its own negligent acts. In […]
Anatomy of a Construction Dispute- A Wrap Up
Originally posted 2015-02-06 09:37:58. Over the past four weeks, I’ve “mused” on the “stages” of a construction dispute. What started as a kernel of thought in my mind turned into what has seemed to be a popular set of four posts that I hope were both informative and interesting. Because of the great feedback I’ve […]