As many of you loyal readers of Musings are well aware, I am a huge fan of mediation. A few years ago I got certified by the Virginia Supreme Court as a mediator. I would love to help construction professionals and their attorneys resolve construction disputes in a creative and business like manner. I thank […]
Mediation Musings From the Trenches
As I posted quite a while ago, I have been going through the Virginia Supreme Court mediation certification training. Part of that training is a series of co-mediations where I get to essentially mediate a dispute with the supervision of a trained and experienced mentor helping smooth the edges. This past week, I was able […]
Sometimes Fraud and Construction Contracts Mix
As I have discussed at Musings on several occasions, the general rule in Virginia is that fraud and construction contracts do not mix. In other words, most of the time, even where a contractor clearly misrepresents the work performed, an owner can only recover in contract, and not for fraud with its potential for punitive […]
More Thoughts from the Other Side of the Mediation Table
I have stated on many occasions here at Musings that mediation is a great solution in many, if not most, construction cases. As a construction lawyer, there are very few cases in which I do not at least broach the subject of mediation with my client and likely with opposing counsel. When wearing my advocate/counselor […]
Will my HOA Foreclose its Lien on my House?
For this week’s Guest Post Friday here at Musings, we welcome back John Tarley. John is an attorney with the Williamsburg law firm of Tarley Robinson, PLC. John is the managing partner for the firm and leads the firm’s business and litigation practices. A large part of the firm’s practice involves homeowners’ associations, as the firm represents […]