Caryn Fuller and Daniel Kwon | HKA This article is an extract from Lexology In-Depth: Construction Disputes – Edition 5. Click here for the full guide. Claims and disputes in the engineering and construction sectors are often not incidental disruptions – they can create significant obstacles that threaten to derail even the most meticulously planned projects. These… Continue reading Construction Disputes: The Cost of Conflict: Drivers of Construction Disputes in the United States
Tag: Advise & Consult
Court Rules Mediation Clause Lacks Condition Precedent Language: Key Lessons for Construction Contracts
Robert A. Gallagher | Troutman Pepper Locke Eastern District of Pennsylvania Decision Highlights Critical Contract Drafting Issues A recent federal court decision is an important reminder for construction industry professionals about the precise language needed to make mediation a mandatory step before litigation. On November 18, 2025, the U.S. District Court for the Eastern District… Continue reading Court Rules Mediation Clause Lacks Condition Precedent Language: Key Lessons for Construction Contracts
Who is Liable When Multiple Contractors Cause a Defect?
Clendening Johnson & Bohrer When a construction defect appears, many property owners want a clear answer to one question: who is responsible? On most Indiana building projects, many people take part in the work. General contractors, subcontractors, designers and suppliers can all share the blame. Because so many different hands touch a single project, liability… Continue reading Who is Liable When Multiple Contractors Cause a Defect?
Strict Compliance With Notice‑To‑Cure Provisions In Construction Contracts
Jose A. Aquino | Duane Morris Strict compliance with notice‑to‑cure provisions is essential in construction contracts, particularly when a contractor seeks to terminate a subcontract for cause. These provisions are designed to ensure that subcontractors receive clear, written notice of alleged defaults and a defined period to cure them before facing termination. Courts have repeatedly… Continue reading Strict Compliance With Notice‑To‑Cure Provisions In Construction Contracts
Why Jurisdiction Shapes What Testifying Experts Can Say Before And During Trial
Paige McKirahan | Wit In a perfect world, an expert’s testimony wouldn’t change just because the courtroom does. But those who work in complex litigation know the reality: state rules can dramatically alter what experts must disclose before trial and what they’re allowed to say during it. While federal court offers a familiar playbook, the… Continue reading Why Jurisdiction Shapes What Testifying Experts Can Say Before And During Trial