Edward Poon | HKA Construction has long been known as a litigious industry. The fundamental challenges of multifaceted projects regularly lead to claims and disputes among owners, developers, general contractors, subcontractors, and other stakeholders. As the industry evolves with the growing complexities of modern construction, increased specialization, and varied project delivery methods, the threat of… Continue reading Big-Picture Drivers of Construction Disputes and Resolution Outcomes
Category: Construction Disputes
Multi-Tiered Dispute Resolution Systems—Seeking ‘Party-Controlled’ Resolution Opportunities Before Arbitration or Litigation
David G. Thomas and Angela C. Bunnell | GreenbergTraurig Litigation and arbitration can be time-consuming, expensive, and emotionally draining for all concerned. Although arbitration was designed to be faster and more cost-effective than court proceedings, both are still “rights-based” dispute resolution models at their core. In those models, the parties give control of the outcome… Continue reading Multi-Tiered Dispute Resolution Systems—Seeking ‘Party-Controlled’ Resolution Opportunities Before Arbitration or Litigation
US Jury Trials For International Construction Disputes
Zachary Song and Manushi Desai | Steptoe International construction and energy firms operating in the US may be subject to US jury trials which present different strategic considerations for firms that may be accustomed to resolving disputes by international arbitration. On August 6, 2025, the United States District Court for the Eastern District of Michigan in… Continue reading US Jury Trials For International Construction Disputes
You Should’ve Known: Colorado Holds Defendant May Have Pre-Litigation Duty to Preserve Evidence
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
Navigating the AI Revolution: Duty of Care in Modern Design
Kevin Watson | Clark Hill Construction professionals, like physicians, attorneys, and CPAs, are being pressed to adopt state-of-the-art tools offered by the burgeoning artificial intelligence industry. For those old enough to remember, state-of-the-art tools for architects and engineers evolved from hand calculations and calculators in the ’60s, to “Fortran + STRUDL” structural design “punch card”… Continue reading Navigating the AI Revolution: Duty of Care in Modern Design