AI and Document Review
November 14, 2025
This presentation discussed the use of AI and Large Language Models in performing document review.
Speakers:
- Travis Olson (BRG)
- Jack Bandlow (BRG)
Understanding Procore and Other Common Construction Applications
October 23, 2025
This Toolbox Talk provided an overview of the Procore construction management function, including the project documents commonly available, and best practices for collection and preserving this data. The speakers discussed the need for integration of construction applications, and how companies might use data across platforms to better inform their projects.
Speakers:
- Andy Kunkle (ADJ Studios, LLC)
- Rawle Sawh (Gilbane Building Company)
A Primer on International Arbitration for the “Domestic” Construction Lawyer
April 17, 2025
This program covered some of the key differences between international and U.S. based construction arbitrations, to include organizations administering arbitrations (and their rules), pleading style, discovery/disclosures, and the presentation of fact and expert witness testimony.
Speakers:
- Zachary Torres-Fowler (Troutman Pepper Locke)
- Tina Kay (Miller Thomson)
- John J. Gazzola (Troutman Pepper Locke)
Direct Versus Consequential — Is There a Clear Demarcation?
March 20, 2025
Construction contracts frequently provide for liquidated damages in the event of a contractor delay. The same contracts may provide “no damages for delay” in the event of an owner delay. Usually, a waiver of consequential damages accompanies these provisions. Together, these provisions create a level of security and predictability that may otherwise prove illusive. Litigants should not assume fluency in interpreting where direct damages end, and consequential damages begin. This presentation explored these concepts to assist parties in drafting, interpreting, and litigating the question of direct versus consequential.
Speakers:
- Gaetano P. Piccirilli (Klehr Harrison Harvey Branzburg LLP)
- Harrison Harvey Branzburg LLP)
- C. Quincy Conrad (Klehr Harrison Harvey Branzburg LLP)
Selecting the “Right” Dispute Resolution Procedure from Owner’s Perspective
February 20, 2025
A question that comes up frequently for many of us is “Should this contract require arbitration or default to litigation”? This panel discussed the pros and cons of both as well as other dispute resolution proceedings such as judicial reference in California.
Speakers:
- Angus McFadden (Blueprint Construction Counsel LLP)
- Laurie Choi (Snell and Wilmer LLP)
- Creighton Sebra (Clark Hill PLC)
Analyzing the Issue of Undocumented Change Order Work
August 29, 2024
How many times have we seen projects where contractors are required to perform change order work under scheduling pressures without a signed CO only to end up in a dispute when it comes time for upstream contractors or owners to execute the CO and pay for the work? How do pay-when-paid provisions affect payment for undocumented CO work? How can contractors protect their rights under construction agreements that do not expressly permit equitable adjustments or expressly prohibit them? This Toolbox Talk addresses how contractors protect their rights to payment in cases where they proceed in good faith with undocumented change work.
Speaker:
- Don Rea (Law Offices of Donald A. Rea, LLC)
Preserving Evidence After Façade Failure
April 25, 2024
Speaker:
- David Schnerch (Senior Engineer & Building Science Specialist, RDH Building Science Inc.)
Rule 26(f) Conferences: E-Discovery Protocols
April 4, 2024
How to prepare before meeting with opposing counsel to frame discovery and understand your data.
Speakers:
- Steve Swart (Rand Construction Corporation)
- Julian Ackert (iDiscovery Solutions)
The Role of Certified Public Accountants (CPAs) in Construction Litigation
February 29, 2024
Speaker:
- Chad Garcia, CPA, CFE (Berkeley Research Group)
5,280: A Measured Mile, Yes...But is the Scheduling Methodology that Straight Forward
October 26, 2023
What is and what is NOT a measured mile. The discussion leaders provided guidance on how to use the preferred scheduling methodology and ways to effectively counter incorrect applications
Speakers:
- Andrew Vicknair (Darcy Vicknair, LLC)
- David Ponte, P.E., CFCC (Ankura Consulting Group, LLC)
Arbitration Motion Practice: Is it worth it?
June 22, 2023
Do motions actually assist in streamlining the process or are they more likely to be denied without prejudice pending testimony?
Speakers:
- Adrian Bastianelli, III (Peckar & Abramson, P.C.)
- Brian Cashmere (Williams Mullen)
- Jennifer Millender (American Arbitration Association)
Strategy in the Hot Tub
May 25, 2023
Prospects, pitfalls, and best practices for the use of expert-witness conferencing in construction arbitration.
Speakers:
- Michael R. Martin, Jr., CPA, CFE, CFF (LitCon Group, LLC)
- Joe Rakow, Ph.D., P.E. (Exponent, Inc.)
- Moderator: Marcus Quintanilla (Global Dispute Resolution)
Optimizing Dispute Resolution Clauses
April 26, 2023
How do you make dispute resolution clauses clear, actionable, fit for purpose, and pragmatic? How should the clauses be adjusted based upon contract size, scope, and risks? What to consider when there are multiple and/or related parties involved to avoid conflicting agreements? How to approach multiplayer companies, parent company inclusion? How to avoid conflicts such as having different applicable governing the contract vs the arbitration?
Speakers:
- Sergio Andre Laciau (Mello Torres in Sao Paolo, Brazil)
- Liza Akins (ARCO Design/Build)
- Moderator: Manuel del Valle (Peritia Partners)
Improving Arbitration: In-House Counsel's Perspective
March 23, 2023
Leslie King O'Neal and Laura Abrahamson shared their perspectives as in-house counsel of how outside counsel can do better in arbitration.
Speakers:
- Laura Abrahamson (JAMS)
- Patricia Thompson (JAMS)
- Leslie King O'Neal (JAMS)
Strategies to Defeat or Mitigate Attorney's Fee Prevailing Party Provisions
December 8, 2022
What do you do when your construction client is facing an attorney's fee provision-statutory or by agreement? What tools and procedures can your client do to insulate this risk? If a prevailing party attorney's fee provision is present, how can you posture your case to prevail?
Speakers:
- Catherine Delorey (Gordon Rees)
- Tom Dunn (Pierce Atwood LLP)
- Mark D. Johnson (Lanak & Hanna)
Design-Build Standard of Care
October 27, 2022
Is it different during the Proposal Phase? What are the duties and obligations of the Design Professional to the Design-Builder during the proposal phase? Is there a situation where the Design Professional should be held liable for faulty assumptions?
Speakers:
- Joel Heard (Osler, Hoskin & Harcourt, LLP)
- Thanh Do, Ph.D. (Thorton Tomasetti)
Ethical Conduct for Advocates and Neutrals (Rules and Remedies for Mediation Misconduct)
September 22, 2022
How do we know when zealous mediation practice by advocates or neutrals crosses the line into abusive or even illegal behavior, and what can the client, counsel or neutrals do when it does?
Speakers:
Deborah Ballati (JAMS)
Patricia Thompson (JAMS)
Desperate Measures: Using Prejudgment Remedies to Secure Payment and Gain Traction
June 23, 2022
Liens and bonds provide security, what do you do when a lien or bond may not be available? We'll discuss strategies to use at the outset of a dispute when you really have to force the issue to collect.
Speakers:
Gregory Gillis (Sacks Tierney)
Christopher Ng (Gibbs Giden)
Sakib Khan (Khan Law PLLC)
Your Mediator and Arbitrator are the Same Person: Is This Ever a Good Idea?
May 26, 2022
Often mediators are asked to serve as the arbitrator in complex construction matters but is it really a good idea? The information provided in the mediation aspect of the case can't be unlearned so how do you switch roles? There is also the fairly new med/arb hybrid process and is that a good compromise, does it cause more problems and is there any type of uniformity in the process yet?
Speakers:
Neil Eiseman (Eisman ADR, LLC)
Jen Millender (Director of ADR Services, American Arbitration Association)
Not My Job: Litigating and Avoiding Delegated Design Disputes
March 14, 2022
Joint Division 1 (Litigation & Dispute Resolution) and Division 3 (Design) 30- minute zoom meeting to learn about and discuss dispute resolution and avoidance strategies concerning claims arising out of delegated design and the hybridization of design and performance specifications. Does Spearin apply where there is design delegation? What if the performance requirements are commercially impractical and/or impossible to achieve?
Speakers:
- Sakib Khan (Khan Law PLLC)
- Joelle Jefcoat, FAIA, Esq. (Perkins & Will)
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