Gus Sara | White and Williams In Terra Mgmt. Grp., LLC v. Keaten, 572 P.3d 126 (CO 2025), the Supreme Court of Colorado (Supreme Court) considered whether the trial court properly imposed sanctions on the defendants for failing to preserve evidence before the commencement of litigation. The trial court noted that the defendants, who owned and managed… Continue reading You Should’ve Known: Colorado Holds Defendant May Have Pre-Litigation Duty to Preserve Evidence
Month: October 2025
Smaller Hail May Be More Damaging to Roofs Than Once Believed, Study Shows
William Rabb | Claims Journal A study by the Insurance Institute for Business and Home Safety found roof damage from smaller hailstones may be much more significant than previously believed. It’s a finding that one plaintiffs’ lawyer has already cited as potential support for roof claims. “This data challenges long-standing opinions by insurance company experts… Continue reading Smaller Hail May Be More Damaging to Roofs Than Once Believed, Study Shows
AI as Arbitrator for Certain Low-value Construction Disputes
Katrina Limond, Kirsten O’Connell, Christopher Ryan | A&O Shearman The AAA-ICDR has announced that, beginning on 3 November 2025, parties to certain low-value construction arbitrations can elect to have an AI arbitrator resolve the dispute. The AAA-ICDR’s objective is to provide a resource that delivers “fast, cost-effective, and trusted dispute resolution.” While there are clear… Continue reading AI as Arbitrator for Certain Low-value Construction Disputes
Court or Arbitration? Why Contractors Can’t Afford to Get this Wrong
Matthew DeVries | Best Practices Construction Law As a construction litigation lawyer, dispute resolution is a recurring issue. It starts before the project begins at the time of contract negotiation, where the parties decide whether to require litigation or arbitration of their disputes. During project performance, disputes can often be addressed formally or informally. And after… Continue reading Court or Arbitration? Why Contractors Can’t Afford to Get this Wrong
Construction Contract Must-Haves
Jacqueline Greenberg Vogt and Boris Peyzner | Mandelbaum Barrett A successful construction project doesn’t just depend on skilled labor and good materials—it starts with the contract. A well-drafted construction contract sets expectations, defines responsibilities, and reduces the risk of costly disputes. Owners and contractors alike benefit from understanding the key provisions that determine how risk,… Continue reading Construction Contract Must-Haves