Real Estate Law

Recent Posts

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

There's No Place Like Home: Applying Dispute Systems Design Theory to Create a Foreclosure Mediation System
Posted on 27 May 2011 by LexisNexis Real Estate Law Community Staff

By Andrea Kupfer Schneider and Natalie C. Fleury Andrea Kupfer Schneider, Professor of Law, Marquette University Law School. Natalie C. Fleury, Program Coordinator for Dispute Resolution and Adjunct Professor of Law, Marquette University Law... 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

Arbitrators can decide validity of arbitration provision in construction contracts
Posted on 6 Dec 2011 by Sheppard, Mullin, Richter & Hampton LLP

By Edward Lozowicki and Robert Sturgeon Binding arbitration of construction disputes is frequently required by standard industry contracts. For example, the contract forms published by the American Institute of Architects either require or provide... 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

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