Anyone who deals with construction on a daily basis will tell you that something will go wrong on the job site. I am constantly reminded of this fact (and also reminded that I may have a somewhat skewed perspective because I spend my time either dealing with problems, or anticipating them for my construction clients). […]
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. […]
Arbitration is Waivable (Even If You Don’t Mean To)
Be careful with how you act with arbitration clauses in your contracts. If you are not careful in how you act to enforce these clauses, you could find yourself stuck in court whether you like it or not. As I stated in a recent update to a post last month, the Fourth Circuit Court of […]
Keeping Construction Issues Out of Court at Construction Law North Carolina
For this week’s post, I am taking a trip to the great Construction Law in North Carolina blog run by a friend and fellow construction attorney, Melissa Brumback (@melissabrumback). Over at her blog, I discuss how to keep construction project problems from turning into money draining litigation. Here’s a taste: While I agree to some […]
Why You Should Consider Mediation (Most of the Time)
As any reader of Construction Law Musings is aware, I am a huge fan of mediation as a way to resolve construction disputes. I am such a fan that a few years ago I took the plunge and got certified as a mediator. Why then did I put the caveat in the title of this […]