Month: June 2026
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Avoiding “Death by PowerPoint”
By Leslie King O’Neal PowerPoint Presentations: Powerful or Deadly? Because construction projects and construction disputes are complex, lawyers and experts have long used various visual aids to illustrate and explain events and technical information to judges, juries, arbitrators and mediators. PowerPoint presentations have become the most common method to present technical information, schedule delay analysis…
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Seven Deadly Sins of Construction Expert Witnesses
By Andrew D. Ness Experts Are Key in Many Construction Disputes Expert witnesses are central to resolution of many construction disputes. Experts fall into three general camps – forensic scheduling experts (CPM analysts), damages & accounting experts, and technical subject-matter experts. Technical experts are the most diverse since their expertise can range from proper application…
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Canadian Court Annuls Arbitration Award for Arbitrator’s Improper AI Use
By Leslie King O’Neal Canadian Provincial Court Annuls Arbitration Award, Citing Improper AI Use For the first time, a court has vacated an arbitration award because the arbitrator used Generative AI without telling the parties and the award contained several hallucinations—non-existent cases, fake articles, non-existent arbitration awards.[i] These cited references were central to the Arbitrator’s…
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How Should Arbitrators Deal With “Excess Evidence” and “Unreliable Evidence?”
By Leslie King O’Neal Hinkes v. Sunera Technologies, Inc.–Is “Excess Evidence” Grounds to Vacate Award? Sarah Hinkes sued her employer, Sunera Technologies, and two employees for alleged discrimination that violated federal statutes.[i] The lawsuit was stayed pending arbitration. The arbitrator ruled in the employer’s favor and the trial court confirmed the award. Hinkes moved to…
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