American Arbitration Association Cross-border construction projects are becoming more complex, not only because of their size, cost, and technical demands, but also because of the different legal, cultural, and operational environments in which they are built. On global mega projects, differences in local practices and expectations can create risk long before a formal claim arises. … Continue reading Global Mega Projects Are Changing Construction Disputes
Tag: Construction Disputes
How Mediation Is Evolving in Construction Disputes
American Arbitration Association Construction mediation is becoming more strategic, structured, and hands-on. As disputes grow more complex, parties are using mediation not only to settle cases, but also to exchange information, assess risk, and keep projects or business relationships moving. At the 2026 American Arbitration Association® (AAA®) Construction Conference, “Building Resilience: The Future of Construction… Continue reading How Mediation Is Evolving in Construction Disputes
How AI Is Transforming Construction Disputes with AAA Leadership
American Arbitration Association Major construction projects generate vast amounts of data, including millions of documents, complex schedules, and frequent change orders. That makes today’s disputes more data-heavy than ever, and AI is emerging as a solution and a disruptor. From contract review and project design to worker safety, AI is transforming how the construction industry… Continue reading How AI Is Transforming Construction Disputes with AAA Leadership
How AI and BIM Are Changing Construction Disputes
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
Court Enforces Liquidated Damages Cap and Consequential Damages Waiver in Pass-Through Claim
Jeffrey Haber | Freiberger Haber In Gamma USA, Inc. v. Pavarini McGovern, LLC, 2026 N.Y. Slip Op. 05237 (1st Dept. September 10, 2026), the Appellate Division, First Department, addressed the interplay between pass-through claims, liquidating agreements, liquidated damages provisions, and consequential damages waivers in complex construction disputes. The Court held that a subcontractor could not… Continue reading Court Enforces Liquidated Damages Cap and Consequential Damages Waiver in Pass-Through Claim