Originally posted 2010-12-31 09:00:58. For this week’s year end Guest Post Friday here at Musings, we welcome Michael Anschel. Michael is the owner of Otogawa-Anschel Design-Build, a member of BATC, lead the development of and serves as a board member to MN GreenStar, the CEO of Verified Green, Inc., and writes the green blog for […]
When is Forum Selection in a Construction Contract Enforceable?
If there is one mantra that is repeated often here at Construction Law Musings, it is that your construction contract will be strictly construed and Virginia Courts will enforce the provisions as written. This rule includes forum selection clauses. For those that aren’t attorneys, this means that absent a statute to the contrary, the parties […]
Personal Thoughts on Construction Mediation
Originally posted 2014-08-08 09:00:52. As I left a mediation last week at 8:30 at night, I realized something that I knew all along. Mediation works. Why does mediation work? For several reasons that I can think of. The first, and likely most important is that lawyers are expensive. In most construction cases, we charge by […]
Happy Labor Day from Construction Law Musings
Ahh, Labor Day, the end of summer break for many, and the beginning of another school year. This year will be a different sort of Labor Day for my family. Our youngest is off at NC State University and there will be no packing up school supplies and excited decisions on first day of school […]
When is an Indemnification Provision Unenforceable?
Virginia Code Sec. 11-4.1 makes indemnification provisions in construction contracts that are so broad as to indemnify the indemnitee from its own negligence unenforceable. Of course, this begs the question as to what language of indemnification provisions make them unenforceable. A case from the City of Chesapeake Virginia Circuit Court examined this question. In Wasa […]