Smarter e-Discovery: Streamlining Construction Arbitration in the Digital Age

Iman Hyder-Eliz | American Arbitration Association The construction industry’s digital transformation has revolutionized how projects are designed, built, and managed. However, it has also complicated the resolution of disputes. The ever-growing volume of electronically stored information (ESI), from drone footage to cloud-based project logs, has made discovery more complex, more expensive, and more prone to… Continue reading Smarter e-Discovery: Streamlining Construction Arbitration in the Digital Age

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

Quick Note: Liability Insurer’s Duty to Defend and Duty to Indemnify

David Adelstein | Florida Construction Legal Updates A liability insurer has two duties: a duty to defend and a duty to indemnify.  A recent insurance coverage dispute summarizes these two duties, which are critical for parties to understand and appreciate in the context of insurance coverage claims: An insurance company’s duty to defend is distinct… Continue reading Quick Note: Liability Insurer’s Duty to Defend and Duty to Indemnify

Who Bears the Risk of Regulatory Change? Ohio Court Weighs In

Susan White | Frantz Ward A recent case out of Hamilton County, Ohio, Mt. Pleasant Blacktopping Co., Inc. v. Inverness Grp., Inc. (1st Dist.), 2025-Ohio-284, addressed an often-overlooked contracting issue: who bears ultimate responsibility for regulatory compliance when completed work fails to secure governmental approval? Background Facts Trial Court Decision During the bench trial, MPB argued that… Continue reading Who Bears the Risk of Regulatory Change? Ohio Court Weighs In

Government Shutdowns: How Contractors Can Recover Costs and Seek Time Extensions

Aron C. Beezley and Nathaniel J. Greeson | BuildSmart With the possibility of a government shutdown looming, federal contractors are rightfully concerned about how such an event could affect their contracts. Work stoppages, closed government facilities, and furloughed contracting officers can all disrupt contract performance. Fortunately, contractors may have legal avenues to recover certain costs… Continue reading Government Shutdowns: How Contractors Can Recover Costs and Seek Time Extensions