Joel Bertet | The Dispute Resolver Construction abandonments of private projects have hit an all-time high. Private developers scrapped more projects in May 2025 than in any other month on record, according to the latest data from Cincinnati based ConstructConnect. The Project Stress Index is a measure of construction projects that have been paused, abandoned,… Continue reading Making the Case for Standing Construction Mediators on Every Complex Construction Project
Tag: Advise & Consult
Jurisdictional Conflict Over “Related Claims”: Montana Federal Court Latest to Weigh in on When Claims Are Related
Geoffrey B. Fehling and Joseph T. Niczky | Hunton Insurance Recovery Blog A recent decision in federal court in Montana provides another example of different standards applied to assessing “related claims” under directors and officers (D&O) liability insurance policies. In this instance, the district court found that two class action lawsuits were related because they involved the… Continue reading Jurisdictional Conflict Over “Related Claims”: Montana Federal Court Latest to Weigh in on When Claims Are Related
You Should’ve Known: Colorado Holds Defendant May Have Pre-Litigation Duty to Preserve Evidence
Gus Sara | White and Williams In Terra Mgmt. Grp., LLC v. Keaten, 572 P.3d 126 (CO 2025), the Supreme Court of Colorado (Supreme Court) considered whether the trial court properly imposed sanctions on the defendants for failing to preserve evidence before the commencement of litigation. The trial court noted that the defendants, who owned and managed… Continue reading You Should’ve Known: Colorado Holds Defendant May Have Pre-Litigation Duty to Preserve Evidence
Smaller Hail May Be More Damaging to Roofs Than Once Believed, Study Shows
William Rabb | Claims Journal A study by the Insurance Institute for Business and Home Safety found roof damage from smaller hailstones may be much more significant than previously believed. It’s a finding that one plaintiffs’ lawyer has already cited as potential support for roof claims. “This data challenges long-standing opinions by insurance company experts… Continue reading Smaller Hail May Be More Damaging to Roofs Than Once Believed, Study Shows
AI as Arbitrator for Certain Low-value Construction Disputes
Katrina Limond, Kirsten O’Connell, Christopher Ryan | A&O Shearman The AAA-ICDR has announced that, beginning on 3 November 2025, parties to certain low-value construction arbitrations can elect to have an AI arbitrator resolve the dispute. The AAA-ICDR’s objective is to provide a resource that delivers “fast, cost-effective, and trusted dispute resolution.” While there are clear… Continue reading AI as Arbitrator for Certain Low-value Construction Disputes