Originally posted 2014-08-22 09:20:26. For this week’s Guest Post Friday here at Musings, we welcome Bennet Susser. Bennet is a founding member and shareholder of the New Jersey law firm, Jardim, Meisner & Susser, P.C. He has over 25 years’ experience in representing clients in all types of complex (and not so complex) litigation, including […]
Another Reminder that Contracts are Powerful in Virginia
Originally posted 2021-01-14 15:53:02. Regular readers of this construction law blog are likely tired of my refrain that the contract is king here in Virginia. With few exceptions, some of which have been passed in the last few years, the contract can and does essentially set the “law” for the transaction. A recent opinion from […]
Alert: AAA Construction Industry Rules Update
Originally posted 2016-09-22 10:32:50. The American Arbitration Association has made some needed updates to their Construction Industry Arbitration and Mediation Rules, effective July 1, 2015. Among the changes listed at their website are: A mediation step for all cases with claims of $100,000 or more (subject to the ability of any party to opt out). […]
To Require Arbitration or Not To Require Arbitration
Originally posted 2014-12-15 09:00:36. Many, if not most, construction contracts that I review during the course of my practice day include a mandatory arbitration clause. Most of these refer in a blanket manner to AAA Construction Industry Rules. The topic for this post is not whether such clauses are enforceable or whether they are one […]
Continuing the ADR Discussion at ALPS 411
This is alternative dispute resolution (ADR) week here at Construction Law Musings. Monday’s post was a primer on two popular ADR methods and now, I’ve got another post at the great ALPS411 Blog. The post explores whether you, as a construction pro, would want a mandatory arbitration clause in your construction contract. Here’s an excerpt. […]