Tag Archives: dispute resolution

Interesting Perspectives on Construction Law from Friends

Posted on October 17, 2023 by Christopher G. Hill • 0 Comments

ADR, Construction, Construction Law, Contracts, Mechanic's Liens

Originally posted 2013-10-23 09:15:47.

As I have been in a bit of the throes of writers block here at Musings (hey, it happens), I did what I always do and check the great sources of information in my blog roll and Feedly feeds for any fodder to discuss.

In doing so, I ran across two interesting posts, one from my pal Matt Bouchard (@mattbouchardesq) down in Raleigh, NC entitled “Mediator/Arbitrator Hybrids: The Next Big Thing in Construction Dispute Resolution.” In this post (which I will not go into much detail about here) Matt discusses a contractual procedure where one person acts as a mediator and arbitrator in a procedure summarized (after a full outline of the contractual provisions) by Matt as follows:

There you have it: soup-to-nuts construction dispute resolution within 65 days, no muss, no fuss. The procedure features one neutral, serving as both the mediator and the arbitrator, with virtually no time at all transpiring between the end of the mediation and final resolution of the arbitration.

E-Mail Can Waive Arbitration (sometimes)- A Cautionary Tale

Posted on August 1, 2023 by Christopher G. Hill • 8 Comments

ADR, Construction Law, Contracts

Originally posted 2010-12-11 10:00:10. We have discussed arbitration clauses at length here at Musings. From the judicious use of these clauses to help resolve disputes to waiver of rights under these clauses through inaction, arbitration clauses permeate the construction landscape. A recent case out of the Western District of Virginia Federal Court adds a new

Another Reminder to Read Your Construction Contracts

Posted on May 11, 2023 by Christopher G. Hill • 6 Comments

ADR, Construction Law, Contracts

Originally posted 2010-12-06 10:49:11. Recently, I came across another Virginia construction case that serves as a reminder that, in Virginia, the contract is king and that because of this fact, the contract will be enforced by its terms. In L. White and Company v Culpeper Memorial Hospital, the plaintiff contractor (L. White and Company) sued

When is Mediation Appropriate for Your Construction Case?

Posted on March 28, 2023 by Christopher G. Hill • 0 Comments

ADR, Business of Construction, Construction, Construction Law

Originally posted 2015-04-21 10:03:28. Here at Construction Law Musings, I have often discussed mediation as a good alternative to the expense and headaches of litigation. What I have discussed less often are the circumstances in which it is most appropriate to consider or even push for mediation. The obvious and clearest time that mediation must

Anatomy of a Construction Dispute- A Wrap Up

Posted on October 31, 2022 by Christopher G. Hill • 5 Comments

ADR, Bond Claims, Construction, Construction Law, Contracts, Mechanic's Liens

Originally posted 2015-02-06 09:37:58. Over the past four weeks, I’ve “mused” on the “stages” of a construction dispute. What started as a kernel of thought in my mind turned into what has seemed to be a popular set of four posts that I hope were both informative and interesting. Because of the great feedback I’ve

About Musings

I am a construction lawyer in Richmond, Virginia, a LEED AP, and have been nominated by my peers to Virginia's Legal Elite in Construction Law on multiple occasions. I provide advice and assistance with mechanic's liens, contract review and consulting, occupational safety issues (VOSH and OSHA), and risk management for construction professionals.

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