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
Tag: Advise & Consult
Identifying Unfair Clauses in Construction Contracts
Curt Martin | Peckar & Abramson In 1979, virtually all projects were completed under form contracts. As I started practicing construction law, it seemed that most form contracts were generally fair. They were negotiated by industry groups, and over the next 10 to 20 years they appeared to become fairer. We could and did compare… Continue reading Identifying Unfair Clauses in Construction Contracts
Artificial Intelligence in Arbitration: Is There Room for AI Arbitrators?—Part I
Farqaleet Khokhar | American Arbitration Association In this two-part article, the author explores the impact of artificial intelligence (AI) on arbitration. In this first part, the author expounds on the evolution and functions of AI tools to consider how AI is designed and deployed. Then, the author examines the pros and cons of AI to… Continue reading Artificial Intelligence in Arbitration: Is There Room for AI Arbitrators?—Part I
Court Says Ensuing Loss Requires More Than Increased Susceptibility
Joshua Tumen | Property Insurance Law Observer In Stella Property Development and Event Production, LLC v. Auto-Owners Insurance Company, 2026 WL 221489 (W.D. Pa. 2026), the United States District Court for the Western District of Pennsylvania denied summary judgment as to the applicability of the subject property policy’s (i) wear and tear and (ii) inadequate maintenance… Continue reading Court Says Ensuing Loss Requires More Than Increased Susceptibility
California Construction’s New Era: Comply with Mandatory Dispute Resolution Process or Risk a Work Stoppage
Allison Etkin, Daniel Miktus and Emma Nargi | Akerman Beginning January 1, 2026, California has a new mandatory statutory procedure governing private construction disputes, and failure to comply may give contractors the right to suspend work without penalty. The new law provides a step-by-step procedure and defined timelines that both owners and contractors must follow… Continue reading California Construction’s New Era: Comply with Mandatory Dispute Resolution Process or Risk a Work Stoppage