THE DISPUTE RESOLVER

Articles on Construction Litigation & Dispute Resolution by Division 1 of the ABA Forum on Construction Law

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Tuesday, October 21, 2025

Environmental Due Diligence - What's The Hold Up?

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Construction projects do not occur overnight. Regardless of project size, projects take anywhere from months to years to design, build, and ...
Wednesday, October 15, 2025

Anatomy of a Zombie Schedule: From Field Planning to Forensic Diagnosis

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Halloween season is upon us… a time for trick-or-treating with kids, dressing up in something fun and, of course, watching scary movies. Whe...
Tuesday, October 7, 2025

Understanding Common Risk-Shifting Provisions in Construction Contracts

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Whether you are an owner, general contractor, subcontractor, or supplier, your relationship to the project will almost certainly be governed...
Tuesday, September 30, 2025

Presenting Your Case from Day One: Important Tips Every Construction Litigator Should Keep in Mind During Discovery and Litigation

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As a litigator looking toward a trial or arbitration hearing, you’re herding a  gaggle of wild cats, and the technical presentation consider...
Tuesday, September 23, 2025

The Economic Loss Rule and Tort Claims by Owners against Design Professionals

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This blog post looks at the question of when a project owner, who has a contract with the design professional, may assert an action against ...
Tuesday, September 16, 2025

Muhammad Ali, a Chocolate Chip Milk Shake, and a $100 Dollar Bill

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In 1982, I was 16 years old and was attending a tiny Jewish high school in the basement of Temple Beth El on Crescent Heights. Upon my daily...
Tuesday, September 9, 2025

Top 10 Take-Aways from the 2025 Fall Forum Meeting in Louisville

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Last week saw the  first-ever   meeting of the ABA Forum on Construction Law  in Louisville, Kentucky . The event brought together over 500 ...
Tuesday, September 2, 2025

Making the Case for Standing Construction Mediators on Every Complex Construction Project

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Construction abandonments of private projects have hit an all-time high. Private developers scrapped more projects in May 2025 than in any o...
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