Tag Archives: ADR

Is Arbitration Okay Under the Miller Act? It Is if You Don’t Object

Posted on July 20, 2023 by Christopher G. Hill • 2 Comments

ADR, Bond Claims, Construction, Construction Law, Contracts

Originally posted 2014-10-13 09:15:01.

Map of the United States District Courts in Vi... — Map of the United States District Courts in Virginia (Photo credit: Wikipedia)

I have discussed both payment bond claims under the Miller Act and alternate dispute resolution (ADR) here at Construction Law Musings on many an occasion. A question that is sometimes open is what to do when there is contractually mandated arbitration for claims “relating to the contract or the work.”

While here in Virginia, as in most places, the courts will almost automatically send any breach of contract case with such a clause to arbitration, a question exists whether the claim against the bond held by a surety that is not a party to the contract is subject to being referred. Well, in a recent opinion the District Court for the Eastern District of Virginia in Norfolk weighed in on this question where there was no opposition or objection to a motion to stay pending arbitration.

Some Construction Contract Basics- Necessities and Pitfalls

Posted on December 25, 2021 by Christopher G. Hill • 2 Comments

Construction, Construction Law, Contracts

Originally posted 2015-05-25 10:00:42. Recently, I’ve been on an “advising” kick here at Construction Law Musings. My last two posts have been about communication and trusting your gut when it comes to a smooth construction project. This post will be the third in the trilogy (and who knows maybe I’ll have a 4th and 5th

Mediation v. Arbitration, Both Private Dispute Resolution but Very Different Sorts

Posted on July 4, 2021 by Christopher G. Hill • 1 Comment

ADR, Construction, Construction Law

Originally posted 2018-01-15 15:59:59. I often get calls from clients, potential construction clients, and other construction and business professionals with questions about arbitration or mediation clauses in the contracts that they are reviewing or drafting. When I get these calls, it often becomes clear that, understandably, there is some confusion as to what each of

Why You Need a Contract Mediation Clause

Posted on February 3, 2021 by Christopher G. Hill • 4 Comments

ADR, Construction, Construction Law, Contracts, Guest Post Friday

Originally posted 2017-09-25 15:59:37. For this week’s Guest Post Friday here at Musings, we welcome Seth J. Smiley. Seth is the managing member of Smiley Law, a boutique law firm located in New Orleans, Louisiana. Seth handles all aspects of construction cases from initial contracting to payment once work is complete. Other areas of focus

I’m Adding Arbitration to my ADR Services

Posted on January 19, 2021 by Christopher G. Hill • 0 Comments

ADR, Construction

Readers of this construction law blog know that I am a huge fan of mediation to resolve construction disputes. In that vein, I became a certified mediator and have provided mediation services for quite a while now. I have also had mixed feelings about arbitration as a required means of alternative dispute resolution (“ADR”) because

About Musings

I am a construction lawyer in Richmond, Virginia, a LEED AP, and have been nominated by my peers to Virginia's Legal Elite in Construction Law on multiple occasions. I provide advice and assistance with mechanic's liens, contract review and consulting, occupational safety issues (VOSH and OSHA), and risk management for construction professionals.

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