Originally posted 2021-03-03 11:55:15. Here at Construction Law Musings, I have discussed the pros and cons of various forms of Alternative Dispute Resolution (ADR), including arbitration. I am a fan of most ADR, but less of one for arbitration than for mediation. However, where the arbitration can be done under a good set of cost-containing […]
PSA: Virginia House Passes Pay-if-Paid Ban for Construction Contracts (UPDATED)
In a move that was much anticipated, the Virginia senate recently passed legislation barring straight pay-if-paid clauses in construction contracts between General Contractors and Subcontractors. SB550 effectively nullifies, for both private and public construction contracts, the “condition precedent” pay-if-paid clauses that are sometimes the bane of a subcontractor’s existence. The Virginia House of Delegates passed […]
Construction Lawyers Should Be Problem Solvers
Originally posted 2017-06-08 11:43:50. No one wants to call a construction attorney. Those of us that practice construction law and advise contractors, subcontractors and suppliers in the construction industry know this. We are associated with problems. We are seen as necessary evils when folks in construction feel the need to call us. I get it […]
Monitor Yourself to Avoid Construction Risk
Originally posted 2014-11-24 08:00:53. As I looked through my weekly piles of mail, an article in Constructor Magazine caught my attention. The article was in the insurance commentary section of the magazine and is entitled “Avoiding Common Causes of Contractor Failure.” While this article is written from an insurance perspective, many of the same principles […]
More Reminders that the Specific Contract Terms Matter
If there is a theme I have pounded upon here at Construction Law Musings in the over 13 years of posting, it is that the specific terms of your construction contracts will make a huge difference. While there have been reminders galore, a case from the Eastern District of Virginia presented another wrinkle on this […]