Real Estate Law

Recent Posts

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

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

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

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

The Anatomy of a Construction Dispute Stage 2- Increase the Heat
Posted on 1 Apr 2015 by Christopher G. Hill

Last week we discussed the groundwork and circumstances of a construction claim . This week’s post will discuss the next steps, hopefully short of full blown arbitration or litigation that you, as a construction company, can pursue presuming your... Read More

The Anatomy of a Construction Dispute Stage 3- The Last Straw
Posted on 7 Apr 2015 by Christopher G. Hill

Over the past two weeks here at Construction Law Musings, I’ve discussed the first two stages of a typical construction dispute (if such a thing exists): the claim , and how to bring heat short of litigation/arbitration . As promised, this week... Read More

Anatomy of a Construction Dispute- A Wrap Up
Posted on 8 Apr 2015 by Christopher G. Hill

Over the past four weeks, I’ve “mused” on the “stages” of a construction dispute. What started as a kernel of thought in my mind turned into what has seemed to be a popular set of four posts that I hope were both informative... 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