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 […]
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. […]
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 […]
Are Sprinklers “Equipment”? Yes They Are.
Originally posted 2011-01-24 09:00:44. In the last month the Virginia Supreme Court decided two cases that should be of interest to contractors, subcontractors and material suppliers in the world of Virginia construction. In this week’s Construction Law Musings, I will discuss the first, and you can tune in next week to find out my take […]
Fraud, the VCPA and Construction Contracts
Originally posted 2014-11-10 09:36:15. I’ve discussed the economic loss rule here at Musings on several occasions. The economic loss rule basically states that where one party assumes a duty based in contract or agreement, the Virginia courts will not allow a claim for breach of that duty to go forward as anything but a contract […]