Kirsten Worley, Adam Witt, Jack Branscorme and Ben Codog | Ahead of Schedule Many owners and contractors assume that their construction contract controls how claims and disputes will be handled. After all, substantial time is often spent negotiating notice provisions, mediation requirements, dispute resolution procedures, and payment terms. Beginning with many private construction contracts entered… Continue reading Could California’s New Construction Claims Law Override Your Contract?
Category: Construction Claims
Ask the Expert: Severity Rising
Christopher Wilkie | CLM QUESTION: The industry is reporting that while construction claim frequency appears to be declining, severity is rising. From your perspective, what is driving this shift, and how should carriers and claims professionals adjust their strategies in response? A: Across the construction claims landscape, a clear pattern has emerged: Claim frequency is trending… Continue reading Ask the Expert: Severity Rising
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
Mitigation of Damages in Construction Defect Claims: Applying Florida’s Avoidable Consequences Doctrine
Caroline Claire Turtle | Wilson Elser BackgroundA roofer for a sixty-five-townhome community is notified that the homeowners association of the townhome community has filed a claim alleging construction defects and resulting property damage related to the roofer’s scope of work. In the period between completion of the roofing work and the commencement of litigation, evidence… Continue reading Mitigation of Damages in Construction Defect Claims: Applying Florida’s Avoidable Consequences Doctrine