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Mandatory Arbitration Isn’t All Bad, if. . .

In the past week or so mandatory arbitration has been all the rage. From those that argue that arbitration is becoming more burdensome than litigation , to my friend and fellow construction attorney Scott Wolfe who gives great advice on how to make arbitration worth it again . You can place me in...

Read Your Construction Contract Arbitration Clauses Carefully

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 a general contractor, Vista Contracting. As discussed...

New Supplementary Rules for Fixed Time and Cost Construction Arbitration Have Been Developed by the American Arbitration Association

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 someone with construction-specific experience and...

Construction Law 2014: A Year in Review – RESCHEDULED DUE TO WEATHER

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 we hope that you will be able to join us on this new...

The Anatomy of a Construction Dispute Stage 3- The Last Straw

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 I’ll be discussing the next step or “last...

Anatomy of a Construction Dispute- An Alternative

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 collection arsenal, they are expensive...

Anatomy of a Construction Dispute- A Wrap Up

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 and interesting. Because of the great feedback...

When is Mediation Appropriate for Your Construction Case?

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. The obvious and clearest time that mediation...

Recent Revisions to AAA Rules

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 through binding arbitration, instead of traditional...

When Is Mandatory Arbitration Not Mandatory?

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 enhanced version of this opinion: lexis.com | Lexis...

Important Changes to the AAA Construction Industry Mediation and Arbitration Rules

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. Many construction contracts call for disputes to be...

Mediation in the Zero Sum World of Construction

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 party that contains an attorney fees provision ...