Tag: ADR

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

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.

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

Some Construction Contract Basics- Necessities and Pitfalls

Originally posted 2015-05-25 10:00:42.

Construction Work (Photo credit: gullevek)

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 like the Hitchhiker’s Guide to the Galaxy “trilogy”).

While all construction contractors should use their communication skills and instincts to assure a smooth and hopefully profitable project, all of the gut following and great communication will not help you if your contract is not up to snuff.  In the spirit of giving you a few basics things to look at, here’s my list of three basics that you need in your contract and a three things to be on the lookout for in others’ contracts.

Continue reading Some Construction Contract Basics- Necessities and Pitfalls

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

Originally posted 2018-01-15 15:59:59.

A simple statistical mediation model. (Photo credit: Wikipedia)

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 these alternate dispute resolution processes entails.  I thought I’d put together a quick primer on what each is and their differences. Continue reading Mediation v. Arbitration, Both Private Dispute Resolution but Very Different Sorts

Why You Need a Contract Mediation Clause

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 include mediating, commercial collections, landlord/tenant law, corporate/business formation, and insurance property damage claims. The son of a general contractor, Seth has first-hand work experience in the construction industry. Seth is licensed to practice law in Louisiana and California.

The construction industry has a complex landscape. Contractors range from the very sophisticated to the guy working out of the back of his truck. Regardless of where you fall on this spectrum, it is imperative to know that the construction world is moving toward alternative dispute resolution (ADR).

Continue reading Why You Need a Contract Mediation Clause

I’m Adding Arbitration to my ADR Services

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 arbitration can become just as expensive and bulky as litigation if the parties are not careful with the drafting of their arbitration clauses.  However, arbitration can and should streamline things and adds the element of choice to the contracting parties under the right circumstances and with careful contract drafting allowing flexibility in the choice and number of arbitrators.

With that in mind, and having some recent experience as an arbitrator, I have decided to add construction arbitration to the ADR services offered by me through The Law Office of Christopher G. Hill, PC.  Having participated in arbitration over the years and with my experience in the field of construction law here in Virginia, I truly believe that I can and will assist in the efficient resolution of construction disputes while avoiding the bulky administrative “overhead” that can cause more expense in arbitration than is necessary.

Please check out the new description of these services at my firm’s website and contact me with any questions you have or to inquire about hiring me to arbitrate your construction dispute.

As always, I welcome your comments below.  Please subscribe to keep up with this and other Construction Law Musings.

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