I am a huge fan of clearly written construction contracts. Virginia state and federal courts will interpret contract provisions as written and will seek to enforce all of those terms where possible. Where the contract is ambiguous, we construction attorneys make money and the courts are forced to make decisions that the parties may not […]
Mediation v. Arbitration, Both Private Dispute Resolution but Very Different Sorts
Originally posted 2018-01-15 15:59:59. I often get calls from clients, potential construction clients, and other construction and business professionals with questions about arbitration or mediation clauses in the contracts that they are reviewing or drafting. When I get these calls, it often becomes clear that, understandably, there is some confusion as to what each of […]
Sometimes a Reminder is in Order. . .
Originally posted 2019-11-18 09:11:09. Recently, I was talking with my friend Matt Hundley about a recent case he had in the Charlottesville, VA Circuit Court. It was a relatively straightforward (or so he and I would have thought) breach of contract matter involving a fixed price contract between his (and an associate of his Laura […]
Another Reason to Love Construction Mediation (Read: Why Mediation Works)
Originally posted 2015-11-18 14:56:46. I’ll bet you’re thinking by now that I have beaten the mediation drum to death and that I wouldn’t have any more praise for the process than I have heaped upon it here at this corner of the construction law “blawgosphere.” Well, just about every time I am involved with the […]
Announcement: New Email Subscription Service
Recently Google has changed its Feedburner services and eliminated email subscriptions as one of the Feedburner offerings. Because of this change, I have moved the email subscriptions (though not the RSS) database over to MailChimp. Those of you that already have subscribed via email in the old system should continue to get updates with each […]