Originally posted 2013-09-23 10:16:00. Several posts out here in the legal blogosphere have discussed alternative dispute resolution (ADR). One good post out there relating to arbitration is by my friend Matt Devries (@matthewdevries) at his great blog Best Practices Construction Law. In his post, Matt sets forth the case for arbitration as a dispute resolution […]
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 […]
Musings on Why I Mediate
Originally posted 2013-02-04 09:00:50. This week, I’ve decided to jump off the legislative/mechanic’s lien train and get back to thoughts on one of, if not my number one, favorite dispute resolution process: mediation. As those of you who read Musings regularly know, I became certified as a mediator by the Virginia Supreme Court last year. […]
Thoughts on Massachusetts Prompt Pay Law
Originally posted 2017-04-20 09:45:03. For this Monday edition of Guest Post Friday, we welcome a new contributor, Adam Kreitman. Adam (@amkreitman) is a project manager at North East Interior and an Army Corps Certified Quality Control Manager. Background Gov. Deval Patrick passed an act that profoundly affected payment terms on private construction projects in November […]
Don’t Leave Retainage on the Table
Originally posted 2013-04-22 14:58:07. Here at Musings, the contract is king and most of the time, the Virginia state and federal courts will not imply a right of action from a statute that does not specifically create one. Furthermore, as a general rule, contracts are strictly enforced and their terms upheld absent a statute that […]