Natalia Zibibbo, Olivier André, and Boyan Arshinkov | Freshfields The year 2025 marked a watershed moment for artificial intelligence (AI), with the release of more powerful generative models and a rapid expansion of proprietary and specialised AI systems. This technological leap was mirrored by a dynamic shift in the legal and regulatory landscape, as both… Continue reading AI in Arbitration, Part I: Principles Guiding the Use of AI in Arbitral Proceedings
He Chose…Poorly: How Bad DSC Clauses Lead to Project Doom in the Last Crusade of Construction Risk
Curtis W. Martin and Cornelius Banta, Jr. | ConsensusDocs “We do not follow maps to buried treasure, and X never, ever marks the spot.” That’s the advice that Indiana Jones offered in the Last Crusade film. But what’s beneath the surface isn’t just important to adventure archaeologists. It has real-world application to our industry, where success depends on… Continue reading He Chose…Poorly: How Bad DSC Clauses Lead to Project Doom in the Last Crusade of Construction Risk
Appellate Court Finds Oral Assurances Sufficient to Keep Contractor’s Claims Alive
Jose A. Aquino | Duane Morris In Best Work Holdings (New York), LLC v. Ma, a recent decision from the New York Appellate Division, First Department, the court examines how promissory‑estoppel and unjust‑enrichment claims are evaluated when construction work is performed without a written contract. Plaintiff building owner accused defendants of participating in a fraudulent contracting… Continue reading Appellate Court Finds Oral Assurances Sufficient to Keep Contractor’s Claims Alive
Recovering Unlawful IEEPA Tariffs: What Government Contractors Need to Know
Aron C. Beezley, Nathaniel J. Greeson and Winni Zhang | BuildSmart On February 20, 2026, the U.S. Supreme Court issued a landmark decision in Learning Resources, Inc. v. Trump, holding that the International Emergency Economic Powers Act (IEEPA) does not authorize the president to impose tariffs. The ruling invalidated a broad set of tariffs imposed by… Continue reading Recovering Unlawful IEEPA Tariffs: What Government Contractors Need to Know
At the Intersection of Indemnity and Prevailing Wages
Garret Murai | California Construction Law Blog In a case that I’m frankly surprised I don’t see more of, the 2nd District Court of Appeal of California examined an indemnity claim by a subcontractor against a general contractor and public entity who mistakenly believed that a construction project did not require the payment of prevailing… Continue reading At the Intersection of Indemnity and Prevailing Wages