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Archive for the ‘Construction Law’ Category

Back in the day, when I loved going to shows and had far fewer responsibilities than today, there was nothing like seeing ‘The Boss’ in concert. For those who have witnessed his show, you know you leave feeling as if you have climbed a very large hill, wind in your face.

For those who only know Mr. Springsteen’s music through the airwaves or via their favorite music playing machine, you really should consider seeing him live. More than likely, you will leave thinking that if the Olympics ever included rock and roll as an event, it is easily conceivable that Bruce Springsteen and the ‘E Street’ Band would win gold, silver and bronze.

That said, I remember one of the times he played in Atlanta, after a few songs, he stopped to greet the crowd, “How’s it going Chattanooga!?” Some good natured ‘Boos’ followed and he was quickly told he was in Atlanta. I remember thinking, how silly is that!? How could someone not know what city they are in? I mean, I am sure the tour is hectic but his days of lifting equipment; loading and unloading are/were way, way behind him.

Fast forward a few years and I one day find that I am assigned a rather large, ‘rock and roll’ task. Because of a very large initiative, and the debut of a new company within our stable, I was tapped to create, write and deliver a one hour presentation on how to introduce this new product to architectural firms.

My agenda was simple…do this presentation at all 12 of our major branch offices in five days.

As memory serves me, the schedule was:

Monday – San Diego, Los Angeles, San Francisco

Tuesday – Denver, Kansas City, Dallas

Wednesday – Chicago, Boston

Thursday – Washington DC, Atlanta

Friday – Tampa, Orlando

Just revisiting this schedule in my mind makes me tired. But, in those days, the potency of the ‘piss and vinegar’ running through my veins was definitely of a higher proof than today. In spite of all the eagerness and enthusiasm that I packed with me on this ‘whirlwind tour’, I did indeed find myself, in the back of a cab, wondering what city I was in. As soon as I reached for my itinerary, I remembered that Springsteen concert and thought to myself, “Wow, I don’t know what city I am in!”

Since those days, I have yet to find myself in the same situation. However, from time to time, in spite of my best OCD efforts to keep a well maintained scheduled and prioritized task list, I have had to take pause and focus on which way is up. For me, the end of the year is a great time to not only take a personal inventory of accomplishments and goals but for my business as well.

As we see 2010 draw upon a close and the wheels of commerce coast to a stop for another year, I hope you have fared well during this time of economic uncertainty and, from a business perspective, realized that if it did not kill you, it made you stronger.

Finally, while I publically apologize to Mr. Springsteen for my thoughts on his confusing Chattanooga with Atlanta, I also offer my most sincere wishes that you are able to build new business in 2011 to unprecedented heights.

Merry Christmas and here’s to a safe, happy and prosperous new year.

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Bobby Darnell is the founder and Principal of Construction Market Consultants, Inc. An Atlanta based management consulting group specializing in business development, sales, marketing and profitability as well as executive placement for the Architectural, Engineering and Construction industry.

Bobby can be reached at bobbydarnell [at] cmconl.com

www.cmconl.com

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Today, I am taking a big ‘risk’ and letting Christopher Hill pinch hit as a guest blogger here on ‘Building New Business’. When I say taking a ‘risk’, I mean get ready for a real writer and excellent blogger!

I have gotten to know Chris in the past year and a half through his wonderful blog ‘Construction Law Musings’, via email and Twitter and his blog is the reason I did not want to enter any ‘Best Blog’ contest. I am a big fan of his and have learned a great deal from him and I am confident you will as well.

So, without further ado…Ladies and Gentlemen, Mr. Christopher Hill.

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As I left a mediation last week at 8:30 at night, I realized something that I knew all along. Mediation works.

Why does mediation work? For several reasons that I can think of.

The first, and likely most important is that lawyers are expensive. In most construction cases, we charge by the hour and those hours build up, especially close to a trial date. A mediated settlement can avoid this sharp uptick in attorney fees that always occurs in the last month before trial. Therefore the earlier the better.

The second is the flexibility to make a business decision. Commercial contractors and subcontractors are in a business, and they should be making business decisions. While one such decision can be to go to litigation; litigation is not always the best solution from a financial, or stress perspective. Construction professionals, with the assistance of construction attorneys, can come up with a creative way to deal with a problem and solve it.

While sometimes trial is inevitable (yes, even with a mediation), mediation allows for more options. At trial, someone wins and someone loses. A judge must pick sides and leave someone (and possibly both sides) unhappy. Then there are appeals, collections, and other expensive issues to deal with. Mediation allows compromise and allows the parties to agree to terms that the Court (or arbitration for that matter) could not give them. Add to this the opportunity costs of protracted litigation and the idea seems to be a no brainer.

The third is that a contractor can leave a mediation satisfied that they took part in the process and in controlling their own fate. Let’s face it, litigation is a foriegn world for most construction professionals. Once that call is made to their lawyer, the process can seem to be out of their hands, and in many ways it is. A good mediator can change that. While the compromise may not result in complete satisfaction, trial can, and often does result in dissatisfaction. At least with mediation, one can feel as if he was in some control and not on a headlong charge to oblivion without a way to put on the breaks.

Don’t get me wrong, mediation must be approached with a spirit of compromise and sometimes starting litigation is the only way to get there. If the parties aren’t committed to the process, no settlement can occur. Mediation does not work all the time, particularly if the parties present hurdles to the process.

In short, while litigation has its place and I am a construction attorney with the experience to pursue a case from start to finish, I would much rather help the contractors and subcontractors I represent continue to make money and avoid the stress, expense and monetary cost of litigation through contract review and mediation where possible. This is for one simple reason, mediation works.

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Christopher Hill is a LEED AP and construction attorney in Richmond, VA. Chris is a member of Virginia’s Legal Elite in Construction Law and authors the Construction Law Musings blog. Please feel free to contact Chris through his blog or on Twitter at @constructionlaw.

Please check out Chris’s Construction Law Musings Blog for more on Virginia construction law and other topics.

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