This year was the 43rd Annual Construction & Public Contracts Law seminar at the Boars Head Inn in Charlottesville. As is almost always the case, the two-day seminar included great topics for the experienced Virginia construction attorney as well as those new to my favorite area of law. This year we had a different ethics […]
12 Years of Independence as a Solo Construction Attorney
I have always found it appropriate that my jump to solo practice and Independence Day are so close in time. Today marks 12 years since my first day as a solo practitioner of construction law at The Law Office of Christopher G. Hill, PC. Time sure has flown by thanks to the great clients and […]
What Counts as Adequate Opportunity to Cure?
Here at Musings, we like to discuss (likely more than readers would like) the fact that in Virginia, the contract is king and its terms will be looked at carefully by the courts. One of those provisions that will be looked at carefully is the so-called “cure period.” The “cure period” is the time that […]
When Is an Arbitration Clause Unconscionable? Not Often
Originally posted 2021-03-03 11:55:15. Here at Construction Law Musings, I have discussed the pros and cons of various forms of Alternative Dispute Resolution (ADR), including arbitration. I am a fan of most ADR, but less of one for arbitration than for mediation. However, where the arbitration can be done under a good set of cost-containing […]
Even Where Fraud and Contract Mix, Be Careful With Timing
I have often discussed the limited circumstances under which a construction contract claim and a fraud claim can coexist. A recent case from the Western District of Virginia federal court demonstrates that care is necessary even in those limited circumstances. In Fluor Fed. Sols., LLC v. Bae Sys. Ordinance Sys., the Court examined the question […]