Jacob Zahniser | Miller Nash Recent decisions on discovery of generative AI usage, particularly prompts, searches, and outputs, reflects a judicial instinct to apply familiar doctrinal framework to new technology, rather than create AI-specific discovery rules. Two decisions issued one week apart, Warner v. Gilbarco, Inc. (E.D. Mich. Feb. 10, 2026) and United States v. Heppner (S.D.N.Y. Feb.… Continue reading Discovery of Generative AI in Construction Disputes
Category: Construction Disputes
Who Owns the Leak? Condominium Repair Responsibility When the Envelope Fails
Heather A. DeGrave and Sara S. Jawad | Hahn Loeser & Parks When a building envelope fails, whether from natural disaster, construction defect, or wear and tear, the first dispute in a condominium setting may not be, “What failed?” It may be, “Who owns the problem?” Is the association responsible because it is part of… Continue reading Who Owns the Leak? Condominium Repair Responsibility When the Envelope Fails
Managing Document Discovery in Construction Disputes
Zachary Davis | Stoel Rives Construction projects by their nature tend to be document intensive. This is a function of how the industry delivers projects: An owner traditionally hires an architect or engineer to design a project, who in turn hires subconsultants. The same happens on the construction side: An owner hires a general contractor,… Continue reading Managing Document Discovery in Construction Disputes
Construction Disputes: The Cost of Conflict: Drivers of Construction Disputes in the United States
Caryn Fuller and Daniel Kwon | HKA Claims and disputes in the engineering and construction sectors are often not incidental disruptions – they can create significant obstacles that threaten to derail even the most meticulously planned projects. These disruptions can amplify costs, jeopardise profitability and challenge organisational stability. To explain the impact of project-related claims… Continue reading Construction Disputes: The Cost of Conflict: Drivers of Construction Disputes in the United States
Shared Goals, Superior Results: Using CIAs to Minimize Disputes and Unlock Value in Construction Claims
Tim Hampson | Ankura Large construction projects often involve layered contractual relationships, pass‑through claims, and competing commercial interests. When disputes arise, the default approach is frequently adversarial — prime contractors and subcontractors pursue parallel or competing claims, often against each other as much as against the owner. While familiar, this “fight it out” model tends… Continue reading Shared Goals, Superior Results: Using CIAs to Minimize Disputes and Unlock Value in Construction Claims