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 […]
Using Infrared Technology in Construction Law: Collecting Forensic Evidence and Performing Due Diligence
Originally posted 2016-07-01 09:00:08. For this week’s Guest Post Friday here at Construction Law Musings, we welcome Brian Connolly. Brian (@infraredscans)is a professionally certified Level III Thermographer at IR Services, LLC. My main focus of business is the art and science of commercial infrared thermography including Building & Roof Scan, Energy Audits, Electrical Surveys, and Block […]
Addenda to Construction Contracts Can Be an Issue
Originally posted 2016-03-02 15:25:38. We’ve all been there. Your client either has a well drafted standard subcontract (with any luck in consultation with an experienced construction attorney) that it presents to its subcontractors and suppliers or your client is presented with a construction contract that has some provisions that it would prefer were either different […]