Benton T. Wheatley and Anna Spicer | Commercial Construction Renovation Discourse surrounding force majeure clauses skyrocketed in the wake of COVID-19. Parties to contracts were confronted with the uncertainty of promising future performance when the future was far from certain. In particular, construction contracts felt the impact of this uncertainty through price escalations, tariffs, material… Continue reading Force Majeure & Impossibility: What Construction Leaders Need
Month: February 2026
Supreme Court Shifts Design‑Professional Malpractice Claims Toward Federal Court
Jose A. Aquino | Duane Morris Courts and legislatures in many states require plaintiffs to file an expert affidavit or certificate of merit at the beginning of a malpractice case, including claims against architects, engineers, and other design professionals. These requirements often function as early gatekeeping tools, allowing defendants to seek early dismissal. A recent… Continue reading Supreme Court Shifts Design‑Professional Malpractice Claims Toward Federal Court
Washington State Seeks Input on New Excavation, Trenching, and Shoring Work Plan Rules
Adam Pankratz and Remy Smith | Ogletree, Deakins, Nash, Smoak & Stewart Washington’s Division of Occupational Safety and Health (DOSH) is moving to make changes to its excavation, trenching, and shoring standard, and they want to hear from employers. On February 10-12, 2026, Washington’s State Department of Labor & Industries will hold public hearings on DOSH’s proposal… Continue reading Washington State Seeks Input on New Excavation, Trenching, and Shoring Work Plan Rules
How to Draft, Enforce, and Resolve Disputes Before They Disrupt Your Operations
Matthew Harrison | IR Global Contracts in Arizona Business: How to Draft, Enforce, and Resolve Disputes Before They Disrupt Your Operations Contracts are the foundation of nearly every business relationship. From purchasing goods to exchanging services, Arizona businesses rely on written agreements to define expectations, allocate risk, and protect their interests. When contracts are clear… Continue reading How to Draft, Enforce, and Resolve Disputes Before They Disrupt Your Operations
Anchoring Mediation in the Merits: A Practical Approach for Neutrals
Steven M. Greenspan | FedArb In complex disputes, mediators sometimes fall into the trap of rushing too quickly toward numbers—talking demands, offers, and bottom lines before the mediation has even had a chance to breathe. In my experience, that’s the fastest way to push parties into their corners, where they get entrenched and start treating… Continue reading Anchoring Mediation in the Merits: A Practical Approach for Neutrals