Real Estate Law

Recent Posts

Some Construction Contract Basics- Necessities and Pitfalls
Posted on 22 Apr 2014 by Christopher G. Hill

Recently, I’ve been on an “advising” kick here at Construction Law Musings. My last two posts have been about communication and trusting your gut when it comes to a smooth construction project. This post will be the third in the trilogy... Read More

Mediation in the Zero Sum World of Construction
Posted on 3 Nov 2015 by Christopher G. Hill

Construction is a zero sum game. What do I mean by that? I mean that even where you, a construction professional with a great construction lawyer , have reviewed and edited a subcontract presented to you or provided a well drafted contract to the other... Read More

Important Changes to the AAA Construction Industry Mediation and Arbitration Rules
Posted on 15 Oct 2015 by Williams Mullen

By W. Alexander Burnett , Partner, Williams Mullen Introduction The American Arbitration Association (“AAA”) is one of the primary providers of alternative dispute resolution, such as mediation and arbitration, in the United States.... Read More

Real Cases in Real Estate By Andrea Lee Negroni, Esq. – May 29th, 2012 Update
Posted on 29 May 2012 by Andrea Lee Negroni

Real Cases in Real Estate is a weekly update on real estate law, with legal principles illustrated and explained by lawsuits from around the country. The topics are wide-ranging for appeal to a broad spectrum of readers including lawyers, homeowners... Read More

Construction Law Musings: You Have Choices (Litigation Versus Mediation)
Posted on 11 Nov 2013 by Christopher G. Hill

As I sit here thinking about an impending trial in the Goochland County General District Court, it hit me that I also serve as a mediator in that court from time to time. Coincidentally, I will be “wearing both hats” (litigator and mediator... Read More

To Require Arbitration or Not To Require Arbitration
Posted on 21 Jan 2015 by Christopher G. Hill

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... Read More

When is Mediation Appropriate for Your Construction Case?
Posted on 25 Jun 2015 by Christopher G. Hill

Here at Construction Law Musings, I have often discussed mediation as a good alternative to the expense and headaches of litigation. What I have discussed less often are the circumstances in which it is most appropriate to consider or even push for mediation... Read More

Appellate Division Holds That Trial Court Had the Right To Decide If Foreclosure-Related Dispute Was Arbitrable, But Decided It Wrong
Posted on 12 Mar 2015 by Peter J. Gallagher

By Peter J. Gallagher ( @pjsgallagher ) Most of the current litigation over foreclosures has played out in the courts, but a recent decision from the Appellate Division, Banquez v. Deutsche Bank National Trust Company, [ enhanced version available... Read More

Anatomy of a Construction Dispute- An Alternative
Posted on 7 Apr 2015 by Christopher G. Hill

Over the past three weeks, I’ve discussed three “stages” of a construction dispute from the claim , to how to increase the pressure for payment, to the litigation . While these three steps are all too often necessary tools in your construction... Read More

Construction Law 2014: A Year in Review – RESCHEDULED DUE TO WEATHER
Posted on 23 Mar 2015 by Babst Calland

Due to the weather for Thursday, March 5, 2015, Babst Calland’s Construction Law 2014: The Year in Review seminar has been rescheduled and will now be held on Wednesday, March 25, 2015. We apologize for any inconvenience this may cause you, and... Read More

When Is Mandatory Arbitration Not Mandatory?
Posted on 22 Sep 2015 by Christopher G. Hill

I have discussed my views on mandatory mediation in construction contracts at other places here at Musings and also discussed how the contract is king here in Virginia . A recent Charlottesville, Virginia Circuit Court case, [subscribers can access an... Read More

New Supplementary Rules for Fixed Time and Cost Construction Arbitration Have Been Developed by the American Arbitration Association
Posted on 6 Jan 2015 by Babst Calland

By Dylan B. Spadaccino, Esq. Arbitration has historically been the preferred method for resolving construction disputes in the United States, as many in the industry have (1) preferred the idea of having complex construction disputes decided by... Read More

Read Your Construction Contract Arbitration Clauses Carefully
Posted on 24 Jan 2012 by Christopher G. Hill

In May of last year, we discussed an opinion in U.S. ex rel. Thyssenkrupp Safway Inc. v. Tessa Structures LLC . If you recall, this case involves a three way payment dispute between a supplier, Thyssenkrupp, a subcontractor, Tessa Structures, and... Read More

Recent Revisions to AAA Rules
Posted on 9 Sep 2015 by Vandeventer Black LLP

By Brett Saunders Think about the last major construction project you or your company was involved in. Chances are, that project was being performed under a contract that contained an arbitration clause. These clauses require disputes to be resolved... Read More

Is Arbitration Okay Under the Miller Act? It Is if You Don’t Object
Posted on 11 Nov 2014 by Christopher G. Hill

I have discussed both payment bond claims under the Miller Act and alternate dispute resolution (ADR) here at Construction Law Musings on many an occasion. A question that is sometimes open is what to do when there is contractually mandated arbitration... Read More