Originally posted 2015-04-21 10:03:28. Here at Construction Law Musings, I have often discussed mediation as a good alternative to the expense and headaches of litigation. What I have discussed less often are the circumstances in which it is most appropriate to consider or even push for mediation. The obvious and clearest time that mediation must […]
Virginia General Assembly Tweaks Pay-if-Paid Ban
Last year, the Virginia General Assembly passed into law a ban on the so-called pay-if-paid clauses, effective January 1, 2023. I shared my thoughts and concerns with the legislation as drafted at the time of its passage. During this most recent legislative session, and among some other construction-related bills, the General Assembly sought to clarify […]
Lead-Based Paint Renovation, Repair and Painting Program Law-Important Legal Issues
Originally posted 2013-04-15 09:00:30. For this week’s Guest Post Friday here at Construction Law Musings, we welcome Andrea Goldman for the second time. Andrea (@andreagoldman) is the principal in the Law Office of Andrea Goldman, 305 Walnut Street, Newton, Massachusetts 02460. She is a litigator, mediator and arbitrator. Andrea focuses on construction, contractor/homeowner and business […]
Construction Contract Terms Matter. Be Careful When You Draft Them.
Originally posted 2022-01-28 12:15:02. In a prior post, I discussed the case of Fluor Fed. Sols., LLC v. Bae Sys. Ordinance Sys in the context of the interplay between fraud, contract, and statutes of limitation. Some cases just keep on giving. This time the case illustrates the need for careful drafting of those pesky, and […]
Finishing Strong: Why Timely Project Close-Out Should Matter to Contractors
Originally posted 2017-12-11 09:24:24. For this week’s Guest Post Friday post here at Construction Law Musings, we welcome back 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 with commercial […]