Posts filtered by tags: Virginia Construction Mediator[x]


 

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 new post here at Construction Law Musings.  If you are not receiving these updates, whether because of an email change or “operator error” on my part, ple...
Tags: Google, Law, Marketing, Construction, Announcements, Feedburner, Chris, Richmond VA, Virginia Construction Mediator, Construction Law Musings, Social Media For Lawyers, Construction Attorney, Email Subscription, New Email Subscription Service


When Is an Arbitration Clause Unconscionable? Not Often

Here at Construction Law Musings, I have discussed the pros and cons of various forms of Alternative Dispute Resolution (ADR), including arbitration.  I am a fan of most ADR, but less of one for arbitration than for mediation.  However, where the arbitration can be done under a good set of cost-containing rules and with an arbitrator that is experienced in construction, arbitration can help with the resolution of construction claims.  Of course, arbitration provisions in construction contracts a...
Tags: Law, Virginia, Court, Construction, Contracts, ADR, Federal District Court, Western District of Virginia, Construction Law, Virginia Construction Mediator, Construction Law Musings Richmond VA, Construction Attorney, Construction Arbitration, Virginia Construction Arbitrator, Western District of Va, Quality Builders Warranty Corporation


Why You Need a Contract Mediation Clause

Originally posted 2017-09-25 15:59:37. For this week’s Guest Post Friday here at Musings, we welcome Seth J. Smiley.  Seth is the managing member of Wolfe Law Group, LLC, a boutique law firm located in New Orleans, Louisiana.  Seth handles all aspects of construction cases from initial contracting to payment once work is complete. Other areas of focus include mediating, commercial collections, landlord/tenant law, corporate/business formation, and insurance property damage claims. The son of a ...
Tags: Law, California, Guest Post, Contract, Construction, Louisiana, AIA, Contracts, Arbitration, Seth, Standard, New Orleans Louisiana, Lien, ADR, Guest Post Friday, Construction Law


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


Legislative Changes that Impact Construction 2017

Originally posted 2017-05-09 10:56:18. Virginia General Assembly (Photo credit: Wikipedia) Well, the Virginia General Assembly has finished its yearly run through the legislative process and this year there are a few highlights for those of us in the construction industry.  It is always interesting to see what issues are the big ones that get a lot of attention.  This year the changes impacted public procurement, VOSH fines, and employment of unlicensed individuals on a job site.  These cha...
Tags: Law, Senate, Virginia, Construction, Bill, General Assembly, Virginia General Assembly, Richmond VA, AGC, Occupational Safety and Health Administration, Construction Law, Virginia Construction Attorney, Business of Construction, Virginia Construction Mediator, Virginia Construction Statutes, Wikipedia Well the Virginia General Assembly


Thank You for 14 Consecutive Years of Legal Elite Elections

Thanks to the Virginia legal community that has continued to elect me to the Virginia Business Legal Elite in the Construction Law Category for 14 years running.  The 14 consecutive years of election to the Legal Elite in the Construction Category spans my time as a solo construction attorney.  The fact that you all have continued to elect “100%” of the lawyers at The Law Office of Christopher G. Hill, PC for the last 10 years is most gratifying and only confirms that my decision to “go solo” ov...
Tags: Law, Virginia, Marketing, Announcements, Chris, Richmond VA, Construction Law, Virginia Construction Lawyer, Virginia Construction Mediator, Law Office of Christopher G Hill PC, Virginia Business Legal Elite, Virginia Legal Elite 2020


Happy Thanksgiving from Construction Law Musings

COVID has thrown us all for a loop this year.  With all of the changes, from a personal perspective, I will be glad to have some Thanksgiving downtime with my family to reflect on the important things in life (my great family being at the top of the list). From Construction Law Musings and The Law Office of Christopher G. HIll, PC, here’s hoping that all of the readers of the construction blog have a safe, relaxing, and wonderful Thanksgiving. As always, I welcome your comments below.  Please s...
Tags: Thanksgiving, Law, Announcements, Richmond VA, Construction Law, Virginia Construction Mediator, Construction Lawyer


Happy Memorial Day Wishes from Construction Law Musings

Originally posted 2015-05-25 10:00:41. American flag (Photo credit: Wikipedia) Well, the office is closed and I am enjoying the day off with my family and friends and I hope that you are doing the same. Here’s wishing all of the readers of this construction law blog a great Memorial Day. Thanks for your readership and comments and a special thank you to all of our men and women in uniform for these are the folks (past and present) that this day is all about. Have a great day and Musings wil...
Tags: Law, Wikipedia, Marketing, Memorial Day, Construction, Announcements, Richmond VA, Business of Construction, Virginia Construction Lawyer, Virginia Construction Mediator


To Require Arbitration or Not To Require Arbitration

Originally posted 2014-12-15 09:00:36. Uncyclopedia dispute resolution (Photo credit: Wikipedia) Many, if not most, construction contracts that I review during the course of my practice day include a mandatory arbitration clause.  Most of these refer in a blanket manner to AAA Construction Industry Rules.  The topic for this post is not whether such clauses are enforceable or whether they are one tool in the contracting tool box in a state where the contract is king.  I picked the title of ...
Tags: Law, Wikipedia, Virginia, Contract, Construction, AAA, Richmond VA, American Arbitration Association, ADR, Mediation, Construction Law, Virginia Construction Attorney, Business of Construction, Virginia Construction Mediator, Alternative dispute resolution, Arbitration clause


Happy Labor Day from Construction Law Musings

My how the summer has flown by despite some COVID-19 related challenges!  My oldest has graduated and is employed, my second is in his senior year in college, and my youngest starts her “virtual” senior year of high school tomorrow.  The family time that the kids’ summer break allows always goes by way to fast.  I hope that all of you readers have the opportunity to sit back and relax for one more day before the hectic days of the school year hit in earnest (if they haven’t already). Here’s wish...
Tags: Law, Announcements, Richmond VA, Construction Law, Virginia Construction Mediator, Construction Lawyer, Happy Labor Day


Reasonableness of Liquidated Damages Determined at Time of Contract (or, You Can’t Look Back Again)

I’ve discussed the continuing litigation between White Oak Power Constructors v. Mitsubishi Hitachi Power Systems Americas, Inc. previously here at Construction Law Musings because the case was another reminder that your construction contract terms matter and will be interpreted strictly here in the Commonwealth of Virginia.  The prior opinion in this case from the Eastern District of Virginia court the Court considered the applicability of a liquidated damages provision.  In the (PDF) the Cou...
Tags: Law, Virginia, Court, Construction, Mitsubishi, Contracts, Richmond VA, Eastern District of Virginia, White Oak, Construction Law, Virginia Construction Attorney, Business of Construction, Virginia Construction Mediator, Commonwealth of Virginia, Construction Contract, Liquidated damages


Accounting for Payments on Projects Became Even More Crucial This Year

I discussed several of the statutory changes affecting the construction industry here at Construction Law Musings in the run-up to July 1, 2020.  One of those changes, an amendment to Virginia Code Section 43-13, may add another arrow to the collection quiver of subcontractors and suppliers.  As part of the previously-linked rundown, I highlighted one of the big additions in 2020, namely the amendment making those pesky clauses that let those up the payment chain from you hold money on “this or ...
Tags: Law, Virginia, Construction, Commonwealth, Richmond VA, Construction Law, Virginia Construction Attorney, Mechanic's Liens, Business of Construction, Virginia Construction Mediator, Va Code 43-13, VA mechanic's lien


Another Way a Mechanic’s Lien Protects You

Originally posted 2016-09-14 09:29:29. (Photo credit: Wikipedia) Here at Construction Law Musings, we have discussed mechanic’s lien law in Virginia on multiple occasions.  We have discussed everything from the very picky nature of the perfection and enforcement of these liens to the changes that the Virginia General Assembly periodically makes to these requirements and how to defend against such liens. While the steps taken and content of a Virginia mechanic’s lien will be strictly const...
Tags: Law, Wikipedia, Virginia, Pennsylvania, Construction, Foreclosure, Virginia General Assembly, Richmond VA, Lien, Construction Law, Mechanic's Liens, Virginia Construction Mediator, Mechanic's Lien, Virginia Mechanic's Lien, Virginia Construciton Lawyer


Happy Independence Day from Construction Law Musings

As things warm up as they always do in July in Richmond, Virginia here’s wishing you all a wonderful 4th of July from Construction Law Musings and The Law Office of Christopher G. Hill, PC. I hope that you and your families can take some time off to reflect and relax, stay as cool as possible, and have a great Independence Day holiday. As always, I welcome your comments below.  Please subscribe to keep up with this and other Construction Law Musings. © Constructi...
Tags: Law, Announcements, Independence Day, Richmond Virginia, Richmond VA, Construction Law, Business of Construction, Virginia Construction Mediator, July 4th, Christopher G Hill


An Interesting Take on Unjust Enrichment from the Virginia Supreme Court

Construction jobs involve numerous contractual relationships between and among general contractors, suppliers, architects, and subcontractors (to name a few of the relationships).  In most cases, aside from exceptions such as mechanic’s liens, the concept of contractual privity keeps those “lower” on the contractual chain from jumping over the party with whom that company has a contract (for instance a supplier contract with a subcontractor) and suing a different party (for instance the general ...
Tags: Supreme Court, Law, Virginia, Court, Construction, Contracts, Virginia Supreme Court, Richmond VA, McCullough, Construction Law, Business of Construction, Virginia Construction Mediator, Mechanic's Lien, Virginia Lawyers Weekly, Arlington County Circuit Court, Construction Contracts


Happy Memorial Day from Construction Law Musings

Well, the “official” beginning of Summer is upon us and shows that time moves forward even in the oddest of times. The office is closed and I am enjoying the day off with my family (not as much with friends this time due to COVID-19) and thinking about those that served this country.  I hope that you are doing the same. Here’s wishing all of the readers of this construction law blog a great Memorial Day. Thanks for your readership and comments and a special thank you to all of our men and women ...
Tags: Law, Memorial Day, Announcements, Richmond VA, Construction Law, Virginia Construction Mediator, Construction Law Musings, Construction Attorney


Lien Waivers Should Be Fair — And Efficient

Originally posted 2015-02-13 09:11:46. This week for our Guest Post Friday here at Construction Law Musings, we welcome back my good friend Scott Wolfe. Scott, a thought leader in the construction industry, combines his construction background, tech experience, entrepreneurial spirit, and legal education to bring a unique perspective to the industry’s construction payment problem. Scott is the founder of zlien, a venture-backed construction payment platform. A licensed attorney in six states, ...
Tags: Texas, Law, Guest Post, Construction, Contracts, Don, Scott, Richmond VA, Associated General Contractors of America, United States Environmental Protection Agency, New Orleans Louisiana, Lien, Guest Post Friday, Construction Law, Mechanic's Liens, Virginia Construction Lawyer


Some Good News coming July 1, 2020 for Construction Professionals

Last week I discussed the potentially onerous legislation that essentially made contractors the employers of all employees of their subcontractors and suppliers on a job site.  That was only one of the impactful statutes that was passed by the General Assembly and that will take effect in July of 2020.  While the above mentioned legislation may be a negative for the efficient and cost effective provision of construction services in the Commonwealth, not all of the news out of the Virginia legisl...
Tags: Law, Virginia, Contracts, Commonwealth, General Assembly, Richmond VA, Construction Law, Business of Construction, Virginia Construction Lawyer, Virginia Construction Mediator, Bond Claims, Hensel Phelps, Construction Related Litigation, SB208


Starting July 1, 2020 General Contractors are “Employers” for All Workers on Their Jobsite

I have discussed the impactful legislation to the Virginia construction industry in prior posts here at Construction Law Musings.  One of those statutes that will take effect on July 1, 2020 will fundamentally change the relationships between general contractors and their subcontractors and suppliers. Senate Bill 838 does the following on construction projects with a value of $500,000 or greater that are not single family residential construction projects: Makes the general contractor, and al...
Tags: Law, Senate, Virginia, Construction, Contracts, General Assembly, Richmond VA, Construction Law, Virginia Construction Attorney, Business of Construction, Virginia Construction Mediator, Construction Law Musings, Payment of wages, New Construction Legislation, SB838, Virginia Contractors


Maybe Close Enough Still Counts with Mechanic’s Liens?

Remember that case where “substantial compliance” was enough for the proper enforcement of your mechanic’s lien rights?  Remember how I said maybe it was an outlier?  Remember how the Virginia General Assembly modified the statute and the statutory forms to account for the ambiguity discussed in the Desai case? Remember how Virginia mechanic’s liens seem to place form over function in most if not all cases? Well, at least one court in Virginia seems to have taken the Desai case and read it t...
Tags: Law, Virginia, Court, Construction, Virginia General Assembly, Richmond VA, Lien, Desai, Construction Law, Virginia Construction Attorney, Mechanic's Liens, Virginia Construction Mediator, Virginia Mechanic's Lien, Virginia Circuit Court, Hanover County Virginia Circuit Court, Firekleen


Thanks for the 2020 Super Lawyers Nod!

It is with humility and a sense of accomplishment that I announce that I have been selected for the fourth straight year to the Virginia Super Lawyers in the Construction Litigation category for 2020.  Add this to my recent election to the Virginia Legal Elite in Construction and I’ve had a pretty good year.  As always, I am thrilled to be included on these peer elected lists. So without further ado, thank you to my peers and those on the panel at Virginia Super Lawyers for the great honor. I fe...
Tags: Law, Virginia, Marketing, Announcements, Super Lawyers, Richmond VA, Construction Law, Virginia Construction Attorney, Business of Construction, Virginia Construction Mediator, Virginia Super Lawyers, Richmond Magazine Please, Virginia Legal Elite in Construction, Construction Litigation


Solo Construction Practice on Lockdown

COVID-19 or Coronavirus has affected all aspects of life here in Virginia and elsewhere.  Just about evey state has issued a stay at home order and many businesses have either been shuttered completely or have been transformed in the wake of social distancing and other measured designed to “flatten the curve.”  In Virginia, unlike some other states, construction continues to be seen as essential enough to continue while following health guidelines in this time of crisis. I have discussed certain...
Tags: Law, Virginia, Construction, Announcements, Virginia Supreme Court, Richmond VA, Construction Law, Virginia Construction Attorney, Business of Construction, Virginia Construction Mediator, Mechanic's Lien, Construction Contract, Law Office of Christopher G Hill PC, Coronavirus, COVID-19


Dealing With an Uncertain Construction Future in Uncertain Times

I posted previously regarding the notice issues relating to delays and COVID-19.  Here in Virginia, things got even more uncertain regarding the ability of construction companies to complete work in a timely fashion.  Ralph Northam’s latest stay at home order that adds teeth to the prior executive order closing certain businesses, limiting gatherings, etc. only muddies the construction waters further. While construction businesses have not been closed and construction projects can continue fo...
Tags: Law, Virginia, US, Construction, Contracts, Richmond VA, Force Majeure, Ralph Northam, Northam, Construction Law, Business of Construction, Virginia Construction Mediator, Construction Attorney, Construction Project, Coronavirus, COVID-19


What is “Action by a Public Body” Where County Exempted from VPPA?

The Virginia Public Procurement Act (“VPPA”) governs the contractual relationships between the Commonwealth and its subdivisions and the businesses and individuals that provide them goods and services.  It also provides the mechanism for the appeal of certain decisions by public bodies as well as a method by which a county can exempt itself from certain provisions of the VPPA.  A case out of the Fairfax County Circuit Court examined the intersection of these two ideas. In , the Court consider...
Tags: Law, Virginia, Court, Claims, Construction, Commonwealth, Board, Fairfax, Fairfax County, Circuit Court, Board of Supervisors, Richmond VA, Construction Law, Virginia Construction Mediator, Construction Attorney, VPPA


Another Reminder to ALWAYS Show up for Court

I have discussed the need to always respond to a lawsuit on multiple occasions here at Construction Law Musings.  However, I keep reading cases where the defendant fails to appear either by pleading or in person.  Such action is never a good idea as demonstrated once again in the case of , a case out of the Eastern District of Virginia. The basic facts are not a surprise and are taken from the magistrates report that was adopted by the District Court.  Balfour Beatty and Precision entered int...
Tags: Law, Balfour Beatty, Contracts, District Court, Richmond VA, Eastern District of Virginia, Loudoun County, Construction Law, Business of Construction, Virginia Construction Lawyer, Virginia Construction Mediator, Construction Contract, Hensel Phelps, Default judgment, Precision Construction Management, Balfour Beatty Infrastructure Inc


Construction Law Musings Turns 11

Photo by byzantiumbooks 11 years ago this tiny announcement post started my journey into blogging (or is is “blawging”?).  Since then, I’ve met a few construction lawyers here in Virginia that refer to me as the blog guy.  To be recognized for the work I do here at Construction Law Musings, something that benefits me (and I hope the readers), is an honor. The blog has since taken on a life of its own in many respects, allowing me to meet some of the great construction pros that have provid...
Tags: Law, Virginia, Construction, Announcements, Richmond Virginia, Richmond VA, Hill House, Christopher Hill, Mediation, Construction Law, Business of Construction, Virginia Construction Lawyer, Virginia Construction Mediator, Mechanic's Lien, Construction Law Musings, State Bar Construction Law


Happy Thanksgiving from Construction Law Musings

It is that time of year again when I find it appropriate to reflect on the great things in my life.  As I sit here with family on this Thanksgiving Day 2019,  I have much to be thankful for.  I have a thriving construction law practice, great clients, wonderful friends and of course the best, most supportive family a solo construction attorney like me could ask for.  I also have some great readers and guest post contributors that make this corner of the “blawgosphere” (if that’s even a word any...
Tags: Law, Construction, Announcements, Richmond VA, Happy Thanksgiving, Construction Law, Virginia Construction Mediator, Construction Attorney


Sometimes a Reminder is in Order. . .

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 Hooe) client James River Stucco and the Montecello Overlook Owners’ Association.  I believe that you will see the reason for the title of the post once you hear the facts and read the opinion. In , the...
Tags: Law, Court, Va, Contracts, Richmond, Association, Hill, James River, Richmond VA, Chris Hill, Construction Law, Virginia Construction Attorney, Virginia Construction Mediator, Construction Contract, Chrisotpher G, Matt Hundley


More Hensel Phelps Ripples in the Statute of Limitations Pond?

As is always the case when I attend the Virginia State Bar’s annual construction law seminar, I come away from it with a few posts on recent cases and their implications.  The first of these is not a construction case, but has implications relating to the state project related statute of limitations and indemnification issues for construction contracts brought out in stark relief in the now infamous Hensel Phelps case. In the Court considered a waiver of the statute of limitations found in a...
Tags: Supreme Court, Law, Virginia, Court, Statute Of Limitations, Contracts, Commonwealth, Virginia Supreme Court, Richmond VA, Indemnification, Construction Law, Business of Construction, Virginia Construction Lawyer, Virginia Construction Mediator, Construction Contract, Waiver


Construction Law- Where Pragmatism and Law Collide

If there is one “theme” to Construction Law Musings, those that read regularly hopefully see that I take my role as counselor to construction companies seriously.  Aside from the fact that litigation and arbitration are both expensive and not a great way for any business, particularly a construction business, to make money, I have found construction professionals to be a pragmatic group of people that would rather solve a problem than go to court. I have also discussed the need for a good foun...
Tags: Law, Construction, Contracts, Construction Law, Virginia Construction Attorney, Business of Construction, Virginia Construction Mediator, Mechanic's Lien, Construction Contract