Alexander Gebert | Fremman Mathis & Gary Nearly all risk managers, insurance carriers, brokers, and attorneys alike can remember getting the dreaded call that major property damage has been discovered or reported. Their first thought may be, “here we go again.” When an owner or other party first reports water intrusion, cracking, movement, or some… Continue reading First 30 Days of a Construction Defect: Five Key Make-or-Break Decisions
Category: Construction Disputes
Court Enforces Liquidated Damages Cap and Consequential Damages Waiver in Pass-Through Claim
Jeffrey Haber | Freiberger Haber In Gamma USA, Inc. v. Pavarini McGovern, LLC, 2026 N.Y. Slip Op. 05237 (1st Dept. September 10, 2026), the Appellate Division, First Department, addressed the interplay between pass-through claims, liquidating agreements, liquidated damages provisions, and consequential damages waivers in complex construction disputes. The Court held that a subcontractor could not… Continue reading Court Enforces Liquidated Damages Cap and Consequential Damages Waiver in Pass-Through Claim
What I’ve Learned in Complex Construction Cases
Jennifer Grippa | Miles Mediation & Arbitration After 10 years of arbitrating and mediating hundreds of construction disputes, I have learned that no two cases are exactly the same. Projects change, parties change and issues can range from relatively straightforward payment disputes to extraordinarily complicated questions involving design, delay, defects, scheduling and damages. Certain patterns… Continue reading What I’ve Learned in Complex Construction Cases
Labor and Supply Chain Pressures Are Changing Construction Disputes
American Arbitration Association Labor and supply chain pressures are making construction projects harder to plan and deliver, and increasingly likely to generate disputes. At the 2026 American Arbitration Association® (AAA®) Construction Conference, “Building Resilience: The Future of Construction Disputes and Alternative Dispute Resolution (ADR) in an Ever-Changing World,” panelists discussed how these disruptions are changing… Continue reading Labor and Supply Chain Pressures Are Changing Construction Disputes
The Duty for Insurance Companies to Defend Construction Disputes
Mason Rollins | BuildSmart Companies in the construction industry face the risk of disputes every day, and defending those disputes means incurring attorneys’ fees. While companies sometimes pay those attorneys’ fees out of pocket, they may be able to trigger insurance coverage — either their own policy or that of another party on the project… Continue reading The Duty for Insurance Companies to Defend Construction Disputes