Katherine Bell | Global Arbitration Review Introduction The primary methods of presenting factual evidence in international arbitration are contemporaneous documents, testimony of fact witnesses and testimony of expert witnesses. Whereas contemporaneous documents tend to have the highest probative value when it comes to facts in general, expert witness testimony is the predominant means of evidence… Continue reading Expert Evidence in Construction Disputes: Arbitrator Perspective
Month: September 2025
Direct vs. Consequential: Why Precise Contract Language Matters
Danny Cerrone, Jr. and Andrew Giel | Clark Hill When entering into a construction contract, it is important to understand and account for the differences between direct damages and consequential damages, as these differences can determine what damages may be recoverable. Direct damages, sometimes referred to as general or proximate damages, follow from the type… Continue reading Direct vs. Consequential: Why Precise Contract Language Matters
Consequential Damages: Are They Foreseeable?
Jeffrey Haber | Freiberger Haber In BLDG 44 Developers LLC v. Pace Companies N.Y., LLC, 2025 N.Y. Slip Op 32881(U) (Sup. Ct., N.Y. County July 25, 2025) (here), BLDG 44 Developers LLC sued Pace Companies New York, LLC for breach of contract, seeking approximately $16 million in consequential damages related to delays in a construction project… Continue reading Consequential Damages: Are They Foreseeable?
Subcontracts and Multiparty Arbitration in Construction Disputes
Stavros Brekoulakis and Ahmed El Far | Global Arbitration Review Major construction projects typically involve several parties and interrelated contracts, including subcontracts. Although the provisions of the main contract between the employer and the contractor do not usually become a part of the subcontractor’s agreement, a dispute arising out of the main contract may give… Continue reading Subcontracts and Multiparty Arbitration in Construction Disputes
AI’s Revolutionary Impact On Construction Law: Four Key Takeaways
Christopher D. Cazenave | Jones Walker It was a pleasure to speak to members of the New Orleans Bar Association Construction Law Committee about “AI’s Impact on Construction Law and Construction Lawyers.” AI is reshaping construction law by streamlining document-intensive tasks, reducing risks, and transforming how lawyers handle contracts, disputes, and compliance in this high-stakes… Continue reading AI’s Revolutionary Impact On Construction Law: Four Key Takeaways