Originally posted 2011-06-24 09:26:58. Recently I was discussing the ConsensusDOCs with a colleague and friend and had a revelation. These forms are used often (though somewhat less than their AIA counterparts and less than they should be used). Quick disclaimer: I have been a part of a couple of drafting committees for ConsensusDOCs and am […]
One Way Arbitration Provisions are Enforceable in Virginia
Here at Construction Law Musings, I’ve discussed arbitration clauses (pros and cons) as well as the fact that in our fair Commonwealth, contracts are enforced as written (for better or worse). A case out of the Eastern District of Virginia takes both of these observations and uses them to make it’s decision. In United States […]
Construction Contract Provisions that Should Pique Your Interest
Construction contracts are a big part of my legal practice and the drumbeat here at Construction Law Musings. Why? Because not only does your construction contract set the expectations and “rules of the game” for a construction project, it will be read strictly and literally by the Virginia courts should there be a dispute. For […]
Silver Lining? Economic Downturn Spurs Construction Disputes
Originally posted 2014-07-25 09:00:11. For this week’s Guest Post Friday here at Musings, we welcome back Rob Pitkin. Rob (@KCconstrlawyer) is an attorney with the Construction Law Group of Horn Aylward & Bandy, LLC in Kansas City, where he handles Construction disputes and other types of sophisticated business litigation. Originally from Iowa, he graduated from […]
Want Coverage for Construction Related Damage? You Need an Occurrence
Originally posted 2013-02-25 09:00:18. In reading the title to this post, you are likely thinking “Duh, of course you do, if nothing “occurs” then there is nothing to cover!” (or something to that effect). While this seems an obvious conclusion, we’re talking the world of law, construction and insurance coverage where nothing is easy and […]