Here at Construction Law Musings, Hensel Phelps Construction Co. is best known as the company that got whipsawed between indemnity rules and the lack of a statute of limitations for state agencies. However a recent case out of the Federal District Court for the Eastern District of Virginia gave them a win and illustrates, once […]
Is Arbitration Always the Answer?
Originally posted 2016-04-19 10:50:36. After a long (for me) hiatus due to Spring Break with my wonderful family followed by a crazy last two weeks for both personal and business reasons, I’m back and ready to muse again. This week’s “musings” concern a topic that arises often in construction contracts and construction dispute resolution. The […]
Negotiation from Weakness- You’ll be Doing It
For our first “Guest Post Saturday” here at Construction Law Musings, we have a great one. Victoria Pynchon is an attorney-mediator with ADR Services, Inc. in Century City; an arbitrator with the American Arbitration Association in Los Angeles, California; and, a negotiation consultant and trainer world-wide. Victoria is one of the founders of She Negotiates […]
Pay-If-Paid Clauses: Unfairness in Private Construction?
For this week’s Guest Post Friday here at Musings, and for the 500th post at this little corner of the blogosphere (who would have thought?) we welcome back Rob Pitkin. Rob (@KCconstrlawyer) is an attorney with Levy & Craig in Kansas City, where he handles Construction disputes and other types of sophisticated business litigation. Originally […]
How to Deal with Impasse Caused By the Lack of Authority to Commit
For this week’s Guest Post Friday here at Construction Law Musings, we welcome once again a good friend and better mediator, Victoria Pynchon. Vickie (@vickiepynchon) is an arbitrator with the American Arbitration Association and a mediator of commercial disputes with ADR Services, Inc. in Los Angeles. Her newest book, Success as a Mediator for Dummies […]