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Construction Contracts, Mediation and Venue

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 mixes these two ideas quite nicely. Dominion...

Resolve to Mediate Your Construction Disputes in 2014

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 Law Musings knows, I am a Virginia Supreme Court...

Headline: Voluntary Construction Mediation Works

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 Smiley stepped in with a great Guest Post Friday...

Alert: AAA Construction Industry Rules Update

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 of $100,000 or more (subject to the ability of...

Mediating is Eye Opening

As anyone that reads this construction law blog on any sort of regular basis knows, I am a big advocate for mediation in most cases (construction or otherwise). I took this truly to heart about four years ago when I decided to go through the training and mentorship to become a certified mediator here...

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 ...