Resources for Construction Lawyers and ADR Professionals
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…
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 reasoning.…
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.
Last week the ABA Forum on Construction Law celebrated its 50th anniversary by presenting a two-day program on Lessons Learned from the Last 50 Years on Project Execution and Claims Management. Nine plenary sessions covered topics from project planning to change order…
May 1 is “Law Day,” honoring the “Rule of Law” in the United States. President Dwight D. Eisenhower established “Law Day” in 1958 to celebrate the rule of law in a free society.[i] The American Bar Association and many state and local…
Arbitrators (and judges) depend on the evidence presented to decide disputes. Until recently, most evidence was documentary (paper or photographs) or testamentary (witness testimony, either live or recorded). Some construction lawyers remember digging through bankers’ boxes of project records and tagging them…
This post is a “roundup” describing some new AI tools and some ideas for using them in your practice.
At the most recent Construction SuperConference, I was honored to speak on a panel titled: “Insights from Arbitrators and Advocates on Providing Alternative Delay and Damages Quantum.” When asked whether the Respondent should provide its own delay and damages analyses, my answer…