Rachel B. Goldman, Camille Ng, Martin Gusy and Mark R. Wulfe | Bracewell Introduction Last year marked the 100th anniversary of the Federal Arbitration Act (FAA),1 the key federal legislation governing arbitrations in the United States. Section 7 of the FAA governs arbitral subpoenas.2 This provision authorises arbitrators to ‘summon in writing any person to attend before… Continue reading Dispute Resolution: Compelling Third-Party Evidence in the United States Through Section 7 of the Federal Arbitration Act
Design-Build Project: Delivery Benefits, Risk Allocation, and Role of Geotechnical Characterization
Gangjin Li | HKA Introduction The design-build (DB) model represents a contemporary approach to project delivery wherein a single contractual entity—the design-builder—is responsible for both design and construction. Unlike traditional models such as design-bid-build (DBB) or construction manager at risk (CMAR), the DB model integrates design and construction under a unified contract, facilitating greater coordination and efficiency.[1][2] Advantages of DB contracts One of the principal benefits of the DB contract is single-point responsibility, which… Continue reading Design-Build Project: Delivery Benefits, Risk Allocation, and Role of Geotechnical Characterization
Developer Liable to Contractor for Misrepresentations Regarding Project Funding
John Mark Goodman and W. Hunter Webb | BuildSmart The Eighth Circuit Court of Appeals has affirmed a jury verdict finding that a developer and its founder defrauded a contractor by misrepresenting the availability of construction funding. See Selective Ins. Co. of Am. v. Heritage Const. Cos. et al, Case No. 24-2333, 2026 WL 263591 (D.… Continue reading Developer Liable to Contractor for Misrepresentations Regarding Project Funding
Choosing the Appropriate Approach for Loss Assessments
Crosby MacDonald, Nikola Stambolic, Pascale Leymin and Adrian Girach | BRG This article is an extract from Lexology In-Depth: Investment Treaty Arbitration – Edition 10. Click here for the full guide. Introduction Economic losses caused by a wrongful action can take many forms. As the first step towards claiming compensation for a loss, a claimant will normally… Continue reading Choosing the Appropriate Approach for Loss Assessments
High Court Ruling Could Block Expert Certification Rules in Federal Construction Suits
Jeremiah Anderson, Michael Dingman and Christopher Thatch | McGuireWoods The Supreme Court’s decision on January 26, 2026, in Berk v. Choy should put to rest the long‑running debate over whether state-law certificate of merit requirements apply in federal court. Under the Court’s straightforward reasoning, they do not. This clarification carries meaningful consequences for construction disputes, particularly for… Continue reading High Court Ruling Could Block Expert Certification Rules in Federal Construction Suits