I have often discussed alternate dispute resolution (ADR) here at Construction Law Musings. In most of those posts, I’ve either discussed the advantages and/or disadvantages of arbitration or mediation. In any of the other ADR-related posts, the assumption was that the question about the arbitrability of the claim (namely that the claim was either properly […]
Know When Your Claim “Accrues” or Risk Losing It
Originally posted 2019-06-03 15:03:07. I have discussed statutes of limitation on construction claims in various contexts from issues with a disconnect on state projects to questions of continuous breach here at Construction Law Musings. For those that are first-time readers, the statute of limitations is the time during which a plaintiff can bring its claim, […]
Quick Tip: Don’t Indemnify for Breach of Contract
Every contractor or subcontractor has seen that indemnification language in a contract that states that the indemnifying party will indemnify the contractor, owner, architect, owner representative (and likely to dog walker, though I’m unclear on that one) for any claim relating to the indemnifying parties actions to include any breach of the construction agreement. This […]
Virginia Mechanic’s Liens- Defense Options
Originally posted 2015-08-24 09:00:15. Here at Construction Law Musings, I have discussed the filing of mechanic’s liens in Virginia and various cases discussing the pitfalls to be found in the filing of these powerful collection tools. However, I have rarely discussed the affirmative steps that an owner can take in defending against the filing of […]
You Mean They Can Do That?
Originally posted 2013-09-20 09:00:38. For this week’s Guest Post Friday here at Construction Law Musings, we welcome back Melissa Dewey Brumback. Melissa is a construction law partner at Ragsdale Liggett, in Raleigh, North Carolina. The bulk of her practice involves representing architects and engineers in construction-related claims, including construction administration and management, plan defects, testing […]