American Arbitration Association Digital tools are becoming central to how construction projects are designed, coordinated, documented, and delivered. Building Information Modeling (BIM), artificial intelligence (AI), and other technology-supported workflows can improve project planning and coordination, while also raising new questions about responsibility, reliance, and evidence. At the 2026 American Arbitration Association® (AAA®) Construction Conference, “Building… Continue reading How AI and BIM Are Changing Construction Disputes
When Contract Protections Collide: Hidden Risks in Construction Agreements
Lisa H. Stalteri and Jay M. Ross | Lathrop GPM Construction contracts often contain multiple provisions intended to allocate or limit risk, but those provisions can conflict if not reviewed carefully. Property owners, developers and contractors should review liquidated damages, consequential-damages waivers, liability caps and indemnity obligations carefully to ensure the agreement does not unintentionally… Continue reading When Contract Protections Collide: Hidden Risks in Construction Agreements
Substantial Confusion Upon Substantial Completion
Quynh-Anh Kibler and Joe Watson | Holland & Knight Highlights If you’ve worked on a Tennessee construction project, you know about retainage: It’s the percentage of earned contract payments an owner holds back as work progresses. What you may not know is that the law governing when those funds must be released has become unsettled.… Continue reading Substantial Confusion Upon Substantial Completion
Rethinking Expert Testimony: The Case for Concurrent Evidence
Steven Bauer, Esq. | JAMS Expert testimony is often the center of gravity in life sciences and technology disputes because patent, licensing and other commercial cases often turn on specialized scientific or technical questions. Yet the traditional method of presenting expert testimony—one side presents its expert, the expert is examined and cross-examined and, days later,… Continue reading Rethinking Expert Testimony: The Case for Concurrent Evidence
AI in Expert Witness Testimony: What Litigators Need to Know About LLM Discovery Risks
David A. Shargel | Bracewell Generative AI tools have quietly entered the expert witness process, and recent litigation developments show how exposed that process can become. Experts who use AI tools like ChatGPT or other LLMs to help draft reports may be creating a detailed, time-stamped record of their reasoning that opposing counsel can obtain… Continue reading AI in Expert Witness Testimony: What Litigators Need to Know About LLM Discovery Risks