Construction Law Blog

Parties to a construction contract should pay particular attention to the contract’s terms concerning claims. Statutory limitations periods may be shortened or extended.

Recent Virginia cases underscore the importance of including a prevailing party attorneys’ fees provision in any construction contract and make clear that a court cannot simply calculate a prevailing party’s attorney fee award based upon the amount of damages sought.

The various cycles in the real estate market require different legal services. This post discusses four typical phases of the market cycle, legal issues common to those phases, and ways in which contractors can use this understanding to prepare for the future.

Most design and construction contracts contain “dispute resolution” provisions.  Some contracts state that the parties must “mediate” a dispute before “litigation” or “arbitration.”  Through mediation, the parties attempt to resolve their dispute with the assistance of a mediator.  The mediator is not a decision-maker.  Rather, the mediator assists the parties through facilitating a negotiation.  Some mediators will offer their opinion regarding the likely outcome if the case isn’t resolved through negotiation.  Neither party can be forced to settle the ...