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 […]
What Contractors Can Learn from Smurfit and Quimonda
Originally posted 2016-11-24 10:01:00. Image via Wikipedia It will come as no shock to you that the economy has put a hit on the construction industry. Left and right we hear about developers and contractors hitting the skids, both through bankruptcy and otherwise. Personally, I take the view that the construction industry will end up […]
Keep Your Construction Claims Alive in Crazy Economic Times
Originally posted 2020-04-06 09:00:29. Coronavirus is dominating the news. Construction in Virginia is facing what is at best an uncertain future and at worst a series of large scale shutdowns due to COVID-19. The number of cases seem to grow almost exponentially on a daily basis while states and the federal government try and patch […]
Maybe Close Enough Still Counts with Mechanic’s Liens?
Originally posted 2020-05-05 14:01:50. Remember that case where “substantial compliance” was enough for the proper enforcement of your mechanic’s lien rights? Remember how I said maybe it was an outlier? Remember how the Virginia General Assembly modified the statute and the statutory forms to account for the ambiguity discussed in the Desai case? Remember how […]
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 […]