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American Bar Association

Construction Litigation

Construction Litigation Committee


The Construction Litigation Committee strives to bring together litigators who primarily practice construction law. The committee sponsors programs on various topics at the Annual Meetings of the American Bar Association, the Section of Litigation, and the ABA Forum on the Construction Industry. One of the Section of Litigation’s strongest committees, our membership brings together more than 2,100 construction litigators from diverse backgrounds, levels of experience, practices, and geographical areas. The committee offers its members varied opportunities to participate in committee activities ranging from opportunities to simply attend and network at its programs to the ability to substantively participate by publishing articles for the committee newsletter, contributing web content such as News and Development and Sound Advice, speaking opportunities, and leadership roles as active subcommittee members and chairs. It is our goal to provide our members with valuable content, benefits, and mentoring that will support all aspects of professional growth and development at every stage of their careers.


Join this Committee


Forum on the Construction Industry Breakfast

Come discuss the revised construction litigation model jury instructions. Co-sponsorsed with the ABA's Forum on the Construction Industry at their annual meeting, Saturday, April 18, 2015, at the Boca Raton Resort and Club, Boca Raton, Florida.

ABA Forum on the Construction Industry 2014 Writing Competition

Articles may now be submitted for the 2014 Forum Student Writing Competition. The Competition is open to all law students in good standing and attending an ABA accredited law school during calendar year 2014. The winning author receives a cash prize of $2,000, travel expenses, and registration for the next Forum annual meeting (where the winner will receive their first prize plaque), a one-year membership in the Forum, recognition in both the Forum newsletter, Under Construction, and on the Forum’s website, as well as the opportunity to be published in one of the Forum’s two publications, Under Construction or The Construction Lawyer. In addition to the first place winner, one or more authors may be judged a finalist and recognized with a plaque and in Forum publications.

Students may submit articles on any topic related to construction law. The format of the articles should resemble the articles published in either of the Forum’s two publications, The Construction Lawyer (law journal format with guidelines in the link below) and Under Construction (newsletter format with articles of 1000–2000 words).

Senior ABA Forum members will judge the submissions. Criteria for selection include creativity, clarity and precision of writing, strength of argument, novelty and timeliness of subject, and quality of research.

The deadline for submission of articles for the 2014 competition is January 15, 2015.

See rules and other information.

Get Involved

Involvement in our committee is a great way to keep your practice up-to-date and get more involved in the Section of Litigation. In addition to seeking contributions to our newsletter and website, we are looking for help with our subcommittees. If you think you might be interested in contributing an article, news & development, or case note; joining a subcommittee; or getting involved in leadership, please let us know.

Construction Litigation: Summer 2014 Newsletter

The latest edition of the Construction Litigation newsletter is now available.

Message from the Chairs

Dear Construction Committee Members:

We are pleased to have been selected as the cochairs of the Construction Litigation Committee for the 2014-2015 bar year.

We look forward to an extremely active year for the committee, offering valuable content to our members as well as numerous opportunities to our members to contribute and participate in the committee’s activities.

Presently scheduled is a significant role with the Construction Super Conference to be held commencing December 1, 2014 in Las Vegas. The Section of Litigation and Construction Litigation Committees will be co-sponsoring this conference. We are presenting programs on December 2 (“When Insolvency Comes to the Project Site,” “Anatomy of Different Site Conditions Claims,” and “Shifting the Risk/Sharing the Load/Balancing the Interests”) and an additional three programs on December 3, 2014 (“Green Build/PMC LEED Platinum,” “What to Do When the INS Shows Up at Your Jobsite,” and “Pitfalls of Electronic Communication”). We hope that all members will find these programs and the overall Construction Super Conference of value to their practice and will attend this event in December.

We have also been approved to present a program at the April 2015 Section Annual Conference in New Orleans. The program will cover best practices to maximize the benefits of arbitration and will be held in conjunction with a program on ADR Ethics.

We are in the home stretch on finalizing the committee edits to the updated Construction Litigation Model Jury Instructions. This book is being finalized as an update to the 2001 model jury instruction that the committee published through the Section of Litigation. It will include additional instructions, significant additional citations, and modifications to existing instructions, based upon developments in the law across the country. In conjunction with the publication of the model jury instructions, we are working on developing one or moreregional programs that will focus on the trial of a construction case from openings to closings, and all aspects in between. We hope to be able to put the regional programs on in late Spring of 2015 and will be seeking assistance from the members in developing materials and presenting in the selected locations. Further information will be provided.

We will continue to publish our quarterly newsletter focusing on different subject topics and as always, welcome your input and your assistance in volunteering to prepare articles. Similarly, we will continue to publish updates and other articles on the website and offer you the opportunity to contribute papers you have prepared, updates on legal developments within your state and other information that you would like to share one the web.

We will hold at least three to four membership conference calls to discuss developments in the law and in the committee and will also look at the opportunity to provide roundtable discussions during the course of the year.

We look forward to working with all of the membership during the upcoming bar year and hope that all members continue to contribute to the committee and the membership as a whole.

David Kurtz and Jim Landgraf

Cochairs, Construction Litigation Committee



Minutes from Committee Meetings



Our active subcommittees include:

  • Courts, In-house Counsel, and Liaison to ABA Forum and ABA Sections
  • Damages, Defects, Scheduling and Experts
  • Green, Sustainability, Regulatory
  • Insurance and Surety Claims


  • Mediation, Arbitration, Alternative Dispute Resolution
  • Membership, Diversity and Outreach
  • Professional Education and Ethics
  • Publications, Website, Social Media

Find contact information for committee and subcommittee chairs:



Construction Litigation Leadership

Cochairs Web Editor Newsletter Editors

James Landgraf

Cherry Hill, NJ

M. David Kurtz

New Orleans, LA

Patrick J. Greene, Jr.

River Edge, NJ

Christopher McCabe

Philadelphia, PA


Bob Cox

Tysons Corner, VA

Eric Sparks

Chicago, IL