John Mark Goodman and W. Hunter Webb | BuildSmart The Eighth Circuit Court of Appeals has affirmed a jury verdict finding that a developer and its founder defrauded a contractor by misrepresenting the availability of construction funding. See Selective Ins. Co. of Am. v. Heritage Const. Cos. et al, Case No. 24-2333, 2026 WL 263591 (D.… Continue reading Developer Liable to Contractor for Misrepresentations Regarding Project Funding
Month: February 2026
Choosing the Appropriate Approach for Loss Assessments
Crosby MacDonald, Nikola Stambolic, Pascale Leymin and Adrian Girach | BRG This article is an extract from Lexology In-Depth: Investment Treaty Arbitration – Edition 10. Click here for the full guide. Introduction Economic losses caused by a wrongful action can take many forms. As the first step towards claiming compensation for a loss, a claimant will normally… Continue reading Choosing the Appropriate Approach for Loss Assessments
High Court Ruling Could Block Expert Certification Rules in Federal Construction Suits
Jeremiah Anderson, Michael Dingman and Christopher Thatch | McGuireWoods The Supreme Court’s decision on January 26, 2026, in Berk v. Choy should put to rest the long‑running debate over whether state-law certificate of merit requirements apply in federal court. Under the Court’s straightforward reasoning, they do not. This clarification carries meaningful consequences for construction disputes, particularly for… Continue reading High Court Ruling Could Block Expert Certification Rules in Federal Construction Suits
Identifying Unfair Clauses in Construction Contracts
Curt Martin | Peckar & Abramson In 1979, virtually all projects were completed under form contracts. As I started practicing construction law, it seemed that most form contracts were generally fair. They were negotiated by industry groups, and over the next 10 to 20 years they appeared to become fairer. We could and did compare… Continue reading Identifying Unfair Clauses in Construction Contracts
Artificial Intelligence in Arbitration: Is There Room for AI Arbitrators?—Part I
Farqaleet Khokhar | American Arbitration Association In this two-part article, the author explores the impact of artificial intelligence (AI) on arbitration. In this first part, the author expounds on the evolution and functions of AI tools to consider how AI is designed and deployed. Then, the author examines the pros and cons of AI to… Continue reading Artificial Intelligence in Arbitration: Is There Room for AI Arbitrators?—Part I