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

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

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

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

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

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

Headline: Voluntary Construction Mediation Works
Posted on 20 May 2014 by Christopher G. Hill

Well, I’m back. After a busy week of meeting with clients, college visits with my daughter and a successful mediation (this time as co-counsel), I am back to what I hope to be a more consistent posting schedule. Luckily for me, my friend Seth... Read More

More Musings From the Mediation Trenches
Posted on 30 Jun 2015 by Christopher G. Hill

As those that read this construction blog on a regular basis know, I became a Virginia Supreme Court certified mediator a few years ago. I did so because I believe that mediation as a form of alternate dispute resolution is in most cases a much better... Read More

Alert: AAA Construction Industry Rules Update
Posted on 23 Sep 2015 by Christopher G. Hill

The American Arbitration Association has made some needed updates to their Construction Industry Arbitration and Mediation Rules, effective July 1, 2015. Among the changes listed at their website are: • A mediation step for all cases with claims... Read More