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Reminder: Your Accounting and Other Records Matter
Lean accounting (Photo credit: Wikipedia) Recently, I’ve posted on mechanic’s lien changes, mediation and other more “legal” topics here at Construction Law Musings. Today’s post is a practical one...
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Reminder: A Little Pain Now Can Save a Lot of Pain Later
SSN-711-damages 03 (Photo credit: Wikipedia) I know, you think you hear it enough from me here at Construction Law Musings. I am seemingly constantly beating the drum of early advice from a...
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Murphy was an Optimist- How to Deal with this Truth on a Construction Site
Anyone who deals with construction on a daily basis will tell you that something will go wrong on the job site. I am constantly reminded of this fact (and also reminded that I may have a somewhat...
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Incorporation, Indemnity and Statutes of Limitations, Oh My!
Originally posted 2017-02-07 09:00:55. (Photo credit: Wikipedia) We all know that the contract is king in Virginia. We also know that Virginia will allow for a so called “incorporation” clause that...
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Resolve to Mediate Your Construction Disputes in 2014
Originally posted 2014-01-13 09:00:34. The Supreme Court of Virginia Building, adjacent to Capitol Square in Richmond, Virginia (Photo credit: Wikipedia) After last week’s quick detour to discuss Kevin...
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Mandatory Arbitration Isn’t All Bad, if. . .
Originally posted 2011-07-29 09:00:40. In the past week or so mandatory arbitration has been all the rage. From those that argue that arbitration is becoming more burdensome than litigation, to my...
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Breaking the Impasse by Understanding Blame
Originally posted 2012-06-08 09:00:48. For this week’s Guest Post Friday (on a Thursday) here at Construction Law Musings, Victoria Pynchon (@vickiepynchon) joins us for the 4th time. Victoria is an...
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In Any Construction Lawsuit, Be Sure to Name the Right People
Originally posted 2017-12-01 12:30:43. Map of the United States District Courts in Virginia, showing the boundaries of the Eastern and Western Districts, and their divisions. (Photo credit: Wikipedia)...
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You Have Choices (Litigation Versus Mediation)
Originally posted 2013-10-29 09:30:50. Map of Virginia highlighting Goochland County (Photo credit: Wikipedia) As I sit here thinking about an impending trial in the Goochland County General District...
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Be Wary of “Gentlemen’s Agreements” in Construction
Originally posted 2010-08-06 09:00:19. For this week’s Guest Post Friday here at Musings, we welcome Melissa Dewey Brumback. Melissa is a litigation partner at Ragsdale Liggett PLLC in Raleigh, North...
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Another Reason to Love Construction Mediation (Read: Why Mediation Works)
Originally posted 2015-11-18 14:56:46. English: mediator Deutsch: Mediator (Photo credit: Wikipedia) I’ll bet you’re thinking by now that I have beaten the mediation drum to death and that I wouldn’t...
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Construction Lawyers Should Be Problem Solvers
Originally posted 2017-06-08 11:43:50. (Photo credit: Wikipedia) No one wants to call a construction attorney. Those of us that practice construction law and advise contractors, subcontractors and...
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Why Attorney Fees Provisions Must Be in Your Contracts
Originally posted 2015-01-22 09:35:10. This past July, the Roanoke Circuit Court reminded us all of the need to put attorney fees provisions in construction contracts. In the case of Shen Valley...
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Anatomy of a Construction Dispute- A Wrap Up
Originally posted 2015-02-06 09:37:58. Under construction (Photo credit: Wikipedia) Over the past four weeks, I’ve “mused” on the “stages” of a construction dispute. What started as a kernel of...
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Yet Another Reminder That Pleading Matters
Originally posted 2013-07-15 11:10:04. English: Big Stone Gap, Virginia U.S. Post Office and Courthouse (n.d., ca. 1913) . (Photo credit: Wikipedia) As anyone who has practiced construction law for any...
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When is Mediation Appropriate for Your Construction Case?
Originally posted 2015-04-21 10:03:28. A simple statistical mediation model. (Photo credit: Wikipedia) Here at Construction Law Musings, I have often discussed mediation as a good alternative to the...
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Yet Another Reason That Your Contract Matters
Originally posted 2012-01-16 09:00:11. Image via Wikipedia I have discussed on several occasions the fact that construction contracts matter. The words in contracts matter and, in Virginia (as well as...
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Early Action on Your Construction Contract is Key
Originally posted 2014-09-23 10:59:49. (Photo credit: Wikipedia) I bang the drum of early and frequent consultation with one of us construction attorneys on a regular basis here at Musings and in other...
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E-Mail Can Waive Arbitration (sometimes)- A Cautionary Tale
Originally posted 2010-12-11 10:00:10. We have discussed arbitration clauses at length here at Musings. From the judicious use of these clauses to help resolve disputes to waiver of rights under these...
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Fraud, the VCPA and Construction Contracts
Originally posted 2014-11-10 09:36:15. Image via Wikipedia I’ve discussed the economic loss rule here at Musings on several occasions. The economic loss rule basically states that where one party...
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