Originally posted 2011-07-29 09:00:40. In the past week or so mandatory arbitration has been all the rage. From those that argue that arbitration is becoming more burdensome than litigation, to my friend and fellow construction attorney Scott Wolfe who gives great advice on how to make arbitration worth it again. You can place me in […]
Resolve to Mediate Your Construction Disputes in 2014
Originally posted 2014-01-13 09:00:34. After last week’s quick detour to discuss Kevin Underhill’s great book, we’re back to discuss more “serious” topics. Namely, how to move forward relating to your construction disputes in 2014. As anyone that regularly reads Construction Law Musings knows, I am a Virginia Supreme Court certified mediator and an advocate of […]
The Occasional Gap Between “Truth” and “Proof”
Originally posted 2012-07-09 09:00:04. You hear about burden of proof a lot in criminal cases. We hear it on TV and in the news on a regular basis. We hear it so often that it can be easy to forget that proof is a part of every dispute and/or trial, including those in my area […]
Murphy was an Optimist- How to Deal with this Truth on a Construction Site
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. […]