Real Estate Law

Recent Posts

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

State Net Capitol Journal Legislative Updates: Oregon May Expand Foreclosure Mediation Program
Posted on 4 Jun 2013 by State Net

BUSINESS: The OREGON House approves SB 558A, a bill that expands the foreclosure mediation program lawmakers created last year to apply to foreclosures pursued by lenders in courts. It moves to Gov. John Kitzhaber (D) for review (PORTLAND OREGONIAN).... Read More

St. Louis County Ordinance Requiring Pre-Foreclosure Mediation Unconstitutional, Missouri Supreme Court Holds
Posted on 7 Jan 2015 by Ballard Spahr LLP

The Missouri Supreme Court recently ruled, [ enhanced version available to lexis.com subscribers ], that a St. Louis County ordinance requiring lenders to mediate with borrowers prior to foreclosure was void ab initio because it was not directed to a... 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

Reminder: Construction Litigation is Expensive, Be Sure It’s Worth It
Posted on 18 Sep 2013 by Christopher G. Hill

I know, this title is yet another seemingly obvious statement in a series of them here at Construction Law Musings . I seem to be going from cliche to cliche these days and musing on things from necessary evils to naming the correct parties in a lawsuit... 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

The Construction Lawyer as Problem Solver
Posted on 5 Nov 2015 by Christopher G. Hill

As a construction attorney here in Virginia I “wear many hats.” Counselor, mediator , adviser, risk manager, litigator, and others depending upon the situation. I take each and every one of these roles seriously and at times take on more than... 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 Contracts, Mediation and Venue
Posted on 18 Dec 2013 by Christopher G. Hill

I have preached the mantra of “ read your contracts carefully ” on numerous occasions here at Construction Law Musings. I have also discussed my thoughts on ADR and mandatory mediation . A recent case out of the Eastern District of Virginia... Read More

State Net Capitol Journal Legislative Updates: New Foreclosure and Mortgage Relief Laws in Oregon and Florida
Posted on 10 Jun 2013 by State Net

GOVERNORS IN BRIEF: FLORIDA Gov. Rick Scott (R) signed SB 1852, legislation that will distribute $200 million to pay for various mortgage relief programs to help Sunshine State residents harmed in the real estate collapse. The money is part of the state's... Read More

More Thoughts from the Other Side of the Mediation Table
Posted on 22 Nov 2011 by Christopher G. Hill

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... Read More

Tags: mediation

Resolve to Mediate Your Construction Disputes in 2014
Posted on 13 Feb 2014 by Christopher G. Hill

After a quick detour to discuss Kevin Underhill’s great book, we’re back to discuss more “serious” topics. Namely, how to move forward relating to your construction disputes in 2014. As anyone that regularly reads Construction... Read More

Why You Should Consider Mediation for your Construction Dispute (Most of the Time)
Posted on 5 Nov 2014 by Christopher G. Hill

As any reader of Construction Law Musings is aware, I am a huge fan of mediation as a way to resolve construction disputes. I am such a fan that a few years ago I took the plunge and got certified as a mediator . Why then did I put the caveat in the... Read More