Posts filtered by tags: Construction Mediation[x]


 

Be Aware of Two New Statutes that Became Effective May 1, 2021

On May 1, 2021, two new statutes that passed in 2020 and that directly affect construction became effective.  I’ve used the AGC-VA description of the bills and encourage you to read the statutes in full. Prevailing Wage Starting May 1, 2021, Virginia’s new prevailing wage statute takes effect. This statute requires any contractor bidding on state procurement jobs to pay prevailing wages for work completed on the project. Further, localities and some institutes of higher education have the option...
Tags: Law, Virginia, Construction, PLA, VDOT, Richmond VA, Construction Law, Construction Mediation, Business of Construction, Virginia Construction Lawyer, AGCVA, AGC VA, Prevailing Wage, Project Labor Agreement


Why Settlement is Often Worth Fighting For

Originally posted 2016-02-15 09:00:48. (Photo credit: Wikipedia) Well, I’m back after what was several weeks of fun, depositions and settlement negotiations.  Between a great family holiday trip and work, the month of January and some of February flew by and I didn’t have the time to keep up with my usual Monday posting schedule.  Thank you to those that keep coming back.  I hope to get back to a more regular schedule in the coming weeks. One thing that my busy January in particular high...
Tags: Law, Wikipedia, Virginia, Construction, Lawyer, Law Firm, ADR, Construction Law, Construction Mediation, Virginia Construction Attorney, Business of Construction, Construction Law Musings Richmond VA, Construction Lawyer, Alternative dispute resolution


I’m Adding Arbitration to my ADR Services

Readers of this construction law blog know that I am a huge fan of mediation to resolve construction disputes.  In that vein, I became a certified mediator and have provided mediation services for quite a while now.  I have also had mixed feelings about arbitration as a required means of alternative dispute resolution (“ADR”) because arbitration can become just as expensive and bulky as litigation if the parties are not careful with the drafting of their arbitration clauses.  However, arbitratio...
Tags: Law, Virginia, Construction, Richmond, Richmond VA, ADR, Construction Mediation, Virginia Construction Attorney, Construction Arbitration, Virginia Construction Arbitrator, Law Office of Christopher G Hill PC Having


Talking Mediation at AEC Forensics

Originally posted 2017-08-14 09:23:20. Thank you to my friend and relatively frequent guest poster here at Construction Law Musings, Brian Hill (@aecforensics) for letting me invade his great blog on risk management and best construction practices, AECforensics.com, and talk about one of my favorite topics, mediation.  As I have said on many an occasion, mediation is often the most efficient and cost effective way out of a bad situation (read: construction claim).  I share these thoughts in mor...
Tags: Law, Brian, Construction, Richmond VA, ADR, Brian Hill, Construction Mediation, Virginia Construction Mediator, Construction Attorney, AEC Forensics, Alternative Mediation


Time is of the Essence, Even When the Contract Doesn’t Say So

Welcome to 2021!  As often happens here at Construction Law Musings, the year starts with a few posts on notable construction law cases that dropped in the past year or so.  Not only does this review hopefully help you keep up, but helps me keep up with the latest developments (one of the reasons why I keep blogging). The first of these cases is out of the Western District of Virginia federal court. In this case, Wagman Heavy Civil, Inc. (“Wagman”) and the Virginia Department of  Transportatio...
Tags: Law, Virginia, Court, Contracts, VDOT, Richmond VA, Virginia Department of Transportation, APCO, Wagman, Supreme Court of Virginia, Western District of Virginia, Construction Law, Construction Mediation, Virginia Construction Attorney, Business of Construction, Construction Contract


Happy 2021 from Construction Law Musings

Phew! We made it through 2020. Needless to say, this year has been an “interesting” (in the Chinese curse sort of way) year.  While the year started strong, COVID created some hurdles for the construction industry in Virginia.  Everything from new emergency regulations, to the need to be extremely careful with your notices, and keeping track of claim deadlines in the face of court closures and Virginia Supreme Court orders dominated the construction legal and business landscape.  Even my solo...
Tags: Law, Virginia, Construction, Announcements, General Assembly, Virginia Supreme Court, Richmond VA, Legislative Committee, Construction Law, Construction Mediation, Virginia Construction Attorney, Business of Construction, Virginia Mechanic's Lien, Construction Contracts, Associated General Contractors of Virginia


Because I Haven’t Mentioned Mediation Lately. . .

Any regular reader of Construction Law Musings knows that I am both a great believer in mediation and a certified Virginia mediator.  After the last few weeks in which I participated in mediation by Zoom, a Judicial Settlement Conference (read, court-ordered mediation with a retired judge), and will be participating in another mediation in person next week, it seems as if others believe in the process as well. After all of this mediation activity, all of which related to construction project-rel...
Tags: Law, Virginia, Construction, Arbitration, Richmond VA, ADR, Mediation, Construction Law, Construction Mediation, Virginia Construction Attorney, Construction Mediator


Changes to Va. Code Section 43-13: Another Arrow in a Subcontractor’s Quiver

As is always the case here in Virginia, our General Assembly has made some legislative changes that affect construction contracting.  One of these changes is an amendment to Va. Code 43-13 found in the mechanic’s lien section of the Virginia Code. This section of the code has always required that any money paid to a contractor must first go toward paying its subcontractors, suppliers and laborers prior to being used for any other purpose.  Prior to 2020, the only remedy for violaiton of Va. Code...
Tags: Law, Virginia, Construction, Commonwealth, General Assembly, Richmond VA, Construction Law, Construction Mediation, Mechanic's Liens, Business of Construction, Virginia Construction Lawyer, Construction Law Musings, Virginia Mechanic's Lien, Virginia Code 43-13


Be Sure to Join Me at this Year’s “Virtual” Construction Law and Public Contracts Seminar

In case you hadn’t heard, there is a virus going around that has thrown us all a “social distancing” curveball.  Most, if not all, large public events have either gone “virtual” or been postponed or canceled.  Luckily, this year’s 41st Annual Construction Law and Public Contracts Seminar is in the former category. I have discussed the great marketing and learning opportunities to be had at this seminar, usually held at the Boar’s Head Inn in Charlottesville, VA.  This year the focus will be on...
Tags: Law, Virginia, Marketing, Announcements, Charlottesville, Arbitration, Richmond VA, Construction Law, Construction Mediation, Mechanic's Liens, Business of Construction, Construction Attorney, Virginia Mechanic's Lien, Virginia Construction Law, Head Inn


Is Arbitration Always the Answer?

Originally posted 2016-04-19 10:50:36. Uncyclopedia dispute resolution (Photo credit: Wikipedia) After a long (for me) hiatus due to Spring Break with my wonderful family followed by a crazy last two weeks for both personal and business reasons, I’m back and ready to muse again. This week’s “musings” concern a topic that arises often in construction contracts and construction dispute resolution.  The topic?  Arbitration.  Why does this come up often?  Because in many form contracts such as ...
Tags: Law, Wikipedia, Virginia, Construction, AIA, Contracts, Richmond VA, American Arbitration Association, ADR, Construction Law, Construction Mediation, Virginia Construction Attorney, Business of Construction, Construction Contract, Construction Arbitration, AAA Construction Industry


Why You May Not Want a Mandatory Mediation Clause in Your Construction Contract

A simple statistical mediation model. (Photo credit: Wikipedia) I know, you are likely surprised by the title of this post.  You’ve read Construction Law Musings for a while now and know that as a Virginia Supreme Court certified mediator, I have advocated mediation as a great way to resolve your construction disputes short of the expensive and time consuming litigation process. Knowing all of this, you as a reader of this blog (thanks by the way) probably wonder why I think that a mandatory ...
Tags: Law, Wikipedia, Virginia, Construction, Short, Virginia Supreme Court, Richmond VA, ADR, Dispute Resolution, Construction Law, Construction Mediation, Virginia Construction Attorney, Business of Construction, Virginia Construction Mediator, Alternative dispute resolution, Legal Elite


Talking Mediation at AEC Forensics

Thank you to my friend and relatively frequent guest poster here at Construction Law Musings, Brian Hill (@aecforensics) for letting me invade his great blog on risk management and best construction practices, AECforensics.com, and talk about one of my favorite topics, mediation.  As I have said on many an occasion, mediation is often the most efficient and cost effective way out of a bad situation (read: construction claim).  I share these thoughts in more depth over at Brian’s blog. Here’s a t...
Tags: Law, Brian, Construction, Richmond VA, ADR, Brian Hill, Construction Mediation, Virginia Construction Mediator, Construction Attorney, AEC Forensics




Thanks for the Decade of Confidence

Once again, I am in the wonderful position of thanking all of you in the Virginia legal community that continue to elect me to the Virginia Business Legal Elite.  This year makes a round ten years in a row of election to the Legal Elite in the Construction Category.  This decade long run has included time at my prior firm and a run of 6 straight years where “100%” of the lawyers at The Law Office of Christopher G. Hill, PC were elected.  For the complete list of the great Virginia construction l...
Tags: Law, Virginia, Marketing, Construction, Announcements, Chris, Richmond VA, Construction Law, Construction Mediation, Virginia Construction Attorney, Business of Construction, Virginia Construction Lawyer


Do Construction Contracts and Fraud Mix After All?

Map of Virginia highlighting Loudoun County (Photo credit: Wikipedia) On several occasions here at Construction Law Musings, I’ve discussed the fact that, with a few exceptions, fraud claims and written construction contract based claims do not mix. One of the exceptions to the so called “economic loss rule” that would seem to preclude both fraud and contract claims in the same lawsuit is where fraud is used to induce the contract in the first place.  This exception would only apply where an in...
Tags: Law, Wikipedia, Virginia, Court, Fraud, Construction, Contracts, Richmond VA, PSI, Construction Law, Construction Mediation, Virginia Construction Attorney, Virginia Construction Mediator, Construction Contract, VCPA


Six Years as a Solo Construction Attorney! How Time Flies

Birthday Cake (Photo credit: Wikipedia) It seems like only yesterday that I ventured out on my own and started my solo construction law practice back in 2010.  The reaction and fulfillment since I announced my move on July 1, 2010 has been great.  Friends, clients, colleagues and, most importantly, my wonderful family have helped my practice grow beyond what I could have envisioned six years ago. Just in the last year, I became re-certified as a Virginia Supreme Court certified mediator, was ...
Tags: Law, Wikipedia, Virginia, Marketing, Construction, Virginia Supreme Court, Richmond VA, Construction Mediation, Virginia Construction Attorney, Business of Construction, Construction Law Musings


Reminder: Make Note of Your Notice Requirements

Informative notice on construction site – geograph.org.uk – 1497852 (Photo credit: Wikipedia) As you probably have guessed, I review a lot of construction contracts.  As a Virginia construction attorney, I hope that I get to review these contracts either during the drafting process or prior to my construction clients signing them.  Why?  Because as I’ve “mused” many times before, I can add value and help my clients more at these stages than during the cost prohibitive claim/litigation stage.  I...
Tags: New York, Law, Wikipedia, Virginia, Contract, Construction, Contracts, Matt, Richmond VA, Construction Law, Construction Mediation, Virginia Construction Attorney, Business of Construction, General contractor, Notices


Is Arbitration Always the Answer?

Uncyclopedia dispute resolution (Photo credit: Wikipedia) After a long (for me) hiatus due to Spring Break with my wonderful family followed by a crazy last two weeks for both personal and business reasons, I’m back and ready to muse again. This week’s “musings” concern a topic that arises often in construction contracts and construction dispute resolution.  The topic?  Arbitration.  Why does this come up often?  Because in many form contracts such as the AIA documents, as well as in many const...
Tags: Wikipedia, Virginia, Construction, AIA, Contracts, Richmond VA, American Arbitration Association, ADR, Construction Law, Construction Mediation, Virginia Construction Attorney, Business of Construction, Construction Contract, Construction Arbitration


Why Settlement is Often Worth Fighting For

(Photo credit: Wikipedia) Well, I’m back after what was several weeks of fun, depositions and settlement negotiations.  Between a great family holiday trip and work, the month of January and some of February flew by and I didn’t have the time to keep up with my usual Monday posting schedule.  Thank you to those that keep coming back.  I hope to get back to a more regular schedule in the coming weeks. One thing that my busy January in particular highlighted is the fact that a busy month for me...
Tags: Virginia, Construction, Lawyer, Law Firm, Richmond VA, ADR, Construction Law, Construction Mediation, Virginia Construction Attorney, Business of Construction, Construction Lawyer, Alternative dispute resolution, Wikipedia Well


Happy Holidays from Construction Law Musings

 (Photo credit: Wikipedia) It is that time of year again.  The thermometer gets colder (at least most places) and the holidays are upon us.  Things slow down a bit and, for some, snow is on the ground.  It is also a great time to spend with family and friends. Here’s wishing you a calm, happy and family filled holiday season from Construction Law Musings and The Law Office of Christopher Hill, PC.  Thank you for your readership and contributions this year and I wish you all the best in 2015. As...
Tags: Wikipedia, Christmas, Announcements, Christmas Tree, Richmond VA, Construction Law, Construction Mediation, Virginia Construction Attorney