John Mark Goodman | BuildSmart The Oklahoma Supreme Court has rejected a contractor’s performance bond claim due to the lack of adequate notice to the subcontractor’s surety (see Flintco LLC v. Total Installation Management Specialists, Inc., No. 120,100 (Okla. May 28, 2025)). The case involves the construction of three student housing buildings on the campus of Oklahoma… Continue reading Not All Construction Performance Bonds Are Created Equally
Month: June 2025
Insurer’s Use of Conflicting Reports Not Bad Faith, Says Court
Paul Ferland and Joshua Tumen | Property Insurance Law Observer In El Dueno, LLC v. Mid-Century Insurance Company (2025 WL 1540329) (10th Cir. 2025)), the Tenth Circuit Court of Appeals affirmed summary judgement on behalf of the insurer on the basis that the insurer did not act in bad faith when it denied the insured’s claim based… Continue reading Insurer’s Use of Conflicting Reports Not Bad Faith, Says Court
The Evolution of Arbitration Technology: AI Use Cases and Considerations
Nadia Nicolaou | Opus2 AI is no longer at the margins of legal practice: it is becoming central to how we resolve disputes, allocate resources, and deliver justice. In arbitration, AI promises faster workflows, sharper insights, and more predictable outcomes. But it also raises critical questions about transparency, fairness, and human oversight. The Chartered Institute… Continue reading The Evolution of Arbitration Technology: AI Use Cases and Considerations
The Dispute Resolution Clause in Public Infrastructure Contracting — A Litigator’s View
Geoff Adair, Lindsay Rowell, Alyssa Shivji, Marianne Smith, Randell Trombley and David Tupper | Blake, Cassels & Graydon Large public infrastructure projects typically involve several stakeholders and a complex array of contracts and subcontracts. A thoughtful approach to the negotiation and drafting of contractual dispute resolution clauses can help ensure that disputes are resolved in… Continue reading The Dispute Resolution Clause in Public Infrastructure Contracting — A Litigator’s View
Proactively Addressing Potential Construction Claims
Jack Mayo | ConsensusDocs Recognizing a potential claim—whether related to delays, defective work, payment, or some other issue—often requires immediate attention to ensure that your rights are protected. This article provides a general overview of several practical considerations and proactive steps for contractors to take at the onset of a potential claim to better position… Continue reading Proactively Addressing Potential Construction Claims