See original article at Lien Policy or Other Security Can Help Litigation Policy Just yesterday, Seth wrote a great post outlining ways to structure a litigation policy and determine when the expense and time of litigation may be worth pursuing. The same goes for the conclusion that litigation “as a matter of principle” is generally a poor business plan. Setting up a litigation policy and then sticking to what is decided is important – spending a lot to make a little is not wise. Lien Policy (or Other Security) Can Help Litigation Policy. MORE >>

Republished by Blog Post Promoter Here at Musings, I sometimes feel as if I am beating the “ contract is king &# drum to death.  The terms written into a construction contract (or any other contract for that matter) will control the outcome of any dispute in just about every case. Optimization LLC , the Fourth Circuit looked at a forum selection clause found in a contract between the parties.  On appeal of this ruling, the 4th Circuit agreed with the remand and contrasted the language found in the contract (i. Originally posted 2010-12-06 10:49:10. MORE >>

They both emphasize the need to carefully read and analyze statutes and contracts. The second case emphasizes the power of contractual language and the weight that Virginia courts will give to the language used in written construction contracts. These conditions required that, prior to litigation, any claim relating to the contract had to be submitted to the architect for review.  The takeaway from both of these cases is that courts will look at statutes and contracts, and enforce them.  Originally posted 2009-12-07 09:00:00. Republished by Blog Post Promoter. MORE >>

Melissa is a litigation partner at Ragsdale Liggett PLLC in Raleigh, North Carolina where she focuses on construction law issues.  All lawyers talk about the need for a good written construction contract.  As both Chris and I have written about previously, the contract is the king.  What is a contract? All a contract requires is an offer, an acceptance, and an exchange of promises.  No special contract forms need to be used, although they can be helpful. More importantly, what makes a good contract? Who are the contracting parties? MORE >>

His primary areas of practice are commercial and business litigation, construction law and litigation, insurance coverage and bad faith, and products liability defense. If you read Construction Law Musings regularly like I do, you’re already familiar with the concept of the construction contract as “king.”  As a construction practitioner, I spend a lot of time reviewing construction contracts and talking to contractors, both large and small, about issues to be addressed in their contracts.  Scott.  Bryan is an attorney at Spilman Thomas & Battle, PLC.  MORE >>