Jeffrey Bright | Offit Kurman Terminating for cause a downstream contractor (or subcontractor) is considered the “nuclear option” when handling breaches of contract. Terminating for cause usually increases the risks and likelihood of litigation. Frequently, by the time the terminating party contacts the lawyer, it has already made the decision to terminate and wants the… Continue reading Best Practices When Terminating for Cause a Downstream Contractor/Subcontractor
How to Prepare for a Successful Construction Mediation
Philip Bruner, Nancy Holtz and Stacy LaScala | JAMS Construction disputes can involve extensive records and technical questions, often with multiple parties and significant financial exposure. But whether a mediation is productive may depend just as much on preparation. The right people need to be involved, and the parties should have the information necessary to… Continue reading How to Prepare for a Successful Construction Mediation
AI Prompts Are Discoverable as Expert’s Methodology
Esquire Deposition Solutions Environmental litigation in Connecticut has revealed yet another AI-related banana peel for lawyers to slip on. Namely, the discoverability of prompts provided to artificial intelligence software by the opposing party’s expert witness. Earlier this summer, a federal district court in Connecticut ruled that an expert witness’s AI prompts were within the scope… Continue reading AI Prompts Are Discoverable as Expert’s Methodology
Your AI Tool Could Be Your Next Breach of Contract
Laurie Choi and Christian Fernandez | Snell & Wilmer Like many industries, the construction industry is rapidly adopting artificial intelligence. AI-powered tools now help construction teams estimate costs, transcribe meetings, summarize RFIs, model schedules, and manage project documents faster than ever before. But amid this rush toward efficiency, a serious risk hides in plain sight:… Continue reading Your AI Tool Could Be Your Next Breach of Contract
Getting Past Mediation Impasse
American Arbitration Association I have been mediating large commercial disputes for many years now, first as litigation counsel for almost four decades at a major law firm, and then for the past ten-plus years as a mediator. What I share now are approaches and techniques to reach what I describe to the parties at the… Continue reading Getting Past Mediation Impasse