Construction Contract Negotiation & Drafting: A Practical Checklist (and Where State-Specific Issues Can Surprise You)

Michelle Cooper | Sheppard Construction contract negotiation is often treated as a “forms exercise,” especially when the parties start from familiar templates (e.g., AIA forms). In practice, though, the biggest problems tend to arise not from the existence of a form, but from (i) misalignment among the project’s governing documents and participants, (ii) ambiguity in… Continue reading Construction Contract Negotiation & Drafting: A Practical Checklist (and Where State-Specific Issues Can Surprise You)

Property Insurance Claims and How to Prove Causation

Advise & Consult, Inc. A recurring issue in property insurance litigation warrants closer attention. Policyholders—and at times their representatives—often believe they understand the cause of a loss. The sequence of events appears to align. The damage is evident. The explanation seems reasonable. However, in litigation, outcomes are not determined by what appears logical. They are… Continue reading Property Insurance Claims and How to Prove Causation

AI Is Already on Your Project. Your Contract Doesn’t Know It.

Andrew Hanna | Frantz Ward Artificial intelligence is no longer theoretical in construction. It is actively shaping how projects are designed, scheduled, and executed. Generative design tools, automated quantity takeoffs, and AI-driven safety monitoring are becoming part of everyday workflows. While the technology has advanced quickly, the contracts governing construction projects have not kept pace.… Continue reading AI Is Already on Your Project. Your Contract Doesn’t Know It.

You Chose Arbitration. You Didn’t Choose This.

Angie Nolet | TransPerfect Legal Arbitration promised efficiency. Construction data stole it. GenAI can recover it. I once worked a $25 million construction dispute that cost about $15 million to litigate. 1.2 million documents. A partner, a paralegal, and I all relocated out of state for a month to arbitrate, billing 12 hours a day.… Continue reading You Chose Arbitration. You Didn’t Choose This.

From Builder’s Risk to Builder’s Opportunity

Drew Olsen and Ben Woolley | Delta Consulting Group Builder’s risk insurance is something property owners and contractors hope they never need to rely on, but when losses occur, it can mean the difference between a project reaching successful completion and one abandoned in dispute. When losses occur, the coverage is frequently viewed as a… Continue reading From Builder’s Risk to Builder’s Opportunity