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American Bar Association

Construction Litigation


Construction Trial Tips: Old School Demonstrative Evidence

By James H. Landgraf

Sometimes counsel may find simple, rather than high-tech, presentation of evidence makes the most sense.

An Overview of Three Major Delay Damages Issues

By Kevin Long and Eric Van Schyndle

The analysis of delay damages issues can be a minefield for the construction lawyer.

Practical Tips on Concurrent Delay

By Wayne DeFlaminis

Apportioning concurrent delays can be subjective and risky. We offer some practical tips for pursuing or defending against concurrent delay claims.

Class Actions: Evolution Toward Merits and Class Discovery Proceeding Together

By Lawrence Deutsch, Glen L. Abramson, and Jacob M. Polakoff

Since Dukes and Comcast, there is no bright line between these two discovery types, making bifurcation a viable approach to discovery.

Owner’s Representative’s Potential Liability for Defects, Delays, and Damages

By Ben Nolan

Key risks can be transferred from the owner to the owner’s representative, greatly increasing the OR’s exposure to damages for performance or provision of its services.

Common Mistakes Owners and Contractors Make That May Cause Claims and Disputes

By Megan Wells and Vanessa Williams

Many disputes are self-inflicted. To avoid disputes, owners could benefit from the suggestions in this article.


Boon or Bane? Eliminating Email Overload in Law Firms

By Thomas Rowe

What can be wrong with a technology that lets you do in seconds what used to take days?

The Ethics of Email

By Lynda C. Shely

Why lawyers should treat their email the same way they treat letters and pleadings.

Practice Tips and Developments in Handling 30(b)(6) Depositions, Part I

By Michael R. Gordon and Claudia De Palma

The rule has evolved into something different than what its creators envisioned. Learn how to use it to your advantage.

Pretrial and Trial Issues in the Email-Intensive World

By Anthony L. Osborn

Think before you click the "send" button.


Advising Clients of Arbitration Awards and Vacatur of an Award

By Chad Cron and K. Stefan Chin

In contract disputes, counsel must be able to properly advise clients about the limited circumstances for vacating arbitration awards under the FAA.

Construction Adjudication on the Rise Globally for Payment Disputes

By John Madden

This legal process is a fast form of "rough justice."

"Remedies for Nonpayment" Rules Create New Challenges for Arbitrators

By Eric A. Sauter and John J.P. Krol

Do the new commercial and construction industry rules create a thin line for statutory misconduct?

New AAA Rules Provide Straightforward Guidelines for Appeals

By Richard H. Steen

New rules from the AAA provide easier, more standardized guidelines for clients who wish to appeal an arbitration award.


Use of Dispute Review Boards on the Rise for DOT Projects

By Doreen M. Zankowski and Gregory M. Boucher

Contractors and clients must familiarize themselves with the advantages of using Dispute Review Boards (DRB) for many states' DOT projects, or risk being left in the dust.

Does Your Insurance Cover Construction Defects?

By Harold E. Johnson, W. Alexander Burnett, and Katie T. Temple

Whether a commercial general liability policy covers a claim for defective workmanship depends on applicable state law and varies from state to state.

The Evolution of Additional Insured Endorsements

By Ellen Chapelle

The additional insured endorsements most commonly specified in construction contracts are form endorsements published by the Insurance Services Office, Inc. Recent changes to the endorsement forms may result in significant changes in coverage for additional insureds.

Project Delivery Methods and Professional Service Risks for Contractors

By Timothy R. Conway and Edward B. Keidan

Review a checklist of insurance issues when design-related and professional services are provided under project delivery methods other than the traditional design-bid-build method.

Practical Tips for Securing Additional Insured Status in Construction Contracts

By Brian Akelaitis

Become an additional insured by carefully drafting and executing your construction contract agreements.

To Expand Contractual Liability Exclusion or Not to Expand?

By Jim Warren and Brent Cole

A pending Fifth Circuit case may affect contractors' insurance coverage for negligent construction.

A Tangled Web: Contract Dispute Resolution Process

By Sean Devenney and Shelley McCoy

A look at the current law relating to the admissibility of settlement negotiations at trial within the context of the AIA's mandated pre-suit claims process.

Use, Abuse, and Control with RFIs

By Megan Wells and James G. Zack Jr.

Why owners should take a proactive approach to putting an end to this costly "paperwork game."

Avoiding False Claim Allegations in Pricing

By Patrick A. McGeehin and Margie Collins

Follow these tips to reduce exposure under the Federal False Claims Act.

Recovering Damages from Devious Perpetrators

By Paul A. Rodrigues, David Wall, and Debra K. Thompson

The road to financial recovery is paved with facts.

Reaching Your Audience

By Ann T. Greeley

How alternative dispute resolution research offers a two-for-one value in construction cases.

Changes to Oklahoma's Prelien Notice Requirements

By Gerald G. Stamper

The Oklahoma legislature has made several statutory changes that are intended to clarify and simplify the requirements for prelien notices.

Statutes of Repose Present Interpretive Challenges

By Alexander X. Saunders

Courts confront difficult issues regarding when the statute is triggered and how to handle apportionment problems.

Green Building: Limitations Clock Starts at First Sign of Trouble

By Jeanne Schubert Barnum and Levi Jones

When contracting parties first notice defects in green building materials, they must investigate thoroughly and act promptly to preserve their legal claims.

Building Commissioning and the Role of the CxA

By Richard W. Gaeckle

Building commissioning verifies that the energy systems are installed and that they perform in accordance with the OPR, the BOD, and the construction documents.

EPA Compliance Orders Subject to Immediate Judicial Review

By Logan A. Hollobaugh

Compliance orders on construction projects are now subject to immediate challenge, giving clients and attorneys new options when faced with possible fines.

Implications of the International Green Construction Code

By William E. Kelley Jr.

The IgCC represents a paradigm shift in green building, and prudent construction lawyers should prepare themselves now to protect clients.

Emerging Risks in the Design and Construction of Green Buildings

By Christopher Nutter

The widespread adoption of green standards creates risks for almost any new building.

Construction Defects as an "Occurrence": State Legislatures Weigh In

By Edwin L. Doernberger and Theresa A. Guertin

State legislatures are attempting to clarify coverage for construction professionals.

Contractor Challenges "Adminis-lation" of Design-Build Procurement

By Edward B. Gentilcore

Pennsylvania developments reflect broader issues in the construction industry.

The Spearin Doctrine as a Defense to Defective Workmanship Claims

By Wally Zimolong

The doctrine will play an important role in deciding who is responsible for systems that fail to perform.

The Prompt Pay Statute

By Christopher A. Kenney and Adam M. Veness

The Prompt Pay Statute will substantially affect payment terms on private construction projects.

The Time Is Now for Federal Good Samaritan Legislation | PDF

By Frederick E. Hedberg and Antonino M. Leone

In times of emergency, design professionals are needed to provide immediate services to protect public health and safety.

Experts and the E-Discovery Problem | PDF

By Lawrence W. Treece

A mystery lies within the application of the new rules to nonlitigation experts, substantive litigation experts, and e-discovery experts themselves.

Glossary of E-Discovery Terms | PDF

By Jamie B. Schwartz

For the practitioner who is unfamiliar with the emerging e-discovery terms, there are many resources available.

Understand Your Client's Computer System

An understanding of your client's information systems is the key to finding the files and information relevant to the matter at hand.

Breaking Down and Managing the E-Discovery Process

By Lisa J. Berry-Tayman, Patrick M. Miller, and Jeffery M. Stovall

With the e-discovery amendments to the Rules of Civil Procedure, understanding the discovery of ESI is more important than ever.

The e-Discovery Team-Every Member Counts

By Marcy M. Heronimus

The e-discovery team is responsible for all discovery and designing and implementing the response plan for the discovery process.

Suggested Jury Instructions in Construction Litigation: Making Your Case Clear to the Jury | PDF

By Michael R. Libor and Victoria J. Miller

This article highlights the significance of effective jury instructions in construction litigation.

Jury Instructions: Challenges in Crafting Compliant and Convincing Charges in Construction Cases | PDF

By Edward B. Gentilcore

There are difficult challenges facing a litigator when crafting jury instructions in construction matters.

Subcontractor and Supplier False Claims Issues | PDF

By Aaron P. Silberman

False claims laws apply to publicly funded construction projects in a growing number of jurisdictions.