Originally posted 2012-11-09 12:30:29. For this week’s Guest Post Friday here at Musings we welcome Spencer Wiegard. Spencer is a Partner with Gentry Locke Rakes & Moore, LLP. He is a member of the firm’s Construction Law and Commercial Litigation practice groups. Spencer focuses his practice in the areas of construction law and construction litigation. […]
Impactful Construction Legislation Enacted for 2020
Originally posted 2020-04-27 09:00:55. With COVID-19 dominating the news and planning for issues relating to it being a top priority for construction firms in Virginia, it is almost hard to remember that the Virginia General Assembly was in session and considering several bills with a direct effect on the construciton industry. I discussed several in […]
Who Decides Who Can Arbitrate? The Court. . . .Sometimes
I have often discussed alternate dispute resolution (ADR) here at Construction Law Musings. In most of those posts, I’ve either discussed the advantages and/or disadvantages of arbitration or mediation. In any of the other ADR-related posts, the assumption was that the question about the arbitrability of the claim (namely that the claim was either properly […]
Quick Tip: Don’t Indemnify for Breach of Contract
Every contractor or subcontractor has seen that indemnification language in a contract that states that the indemnifying party will indemnify the contractor, owner, architect, owner representative (and likely to dog walker, though I’m unclear on that one) for any claim relating to the indemnifying parties actions to include any breach of the construction agreement. This […]
Is ADR Right for You? A Primer
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 […]