chevron-down Created with Sketch Beta.
Construction Litigation


Learn while you’re on the go. Listen to the Construction Litigation Committee’s audio recordings on this archive page.


Basic Tips for Witness Preparation for Successful Deposition Testimony
Ronald Williams
A well-prepared witness is the key to a successful deposition. Here is a helpful guide for making sure your witness knows the law, understands the rules of engagement and is ready to provide measured, accurate responses.

USSC Decision Suggests Any State Rule Requiring Clear and Unambigous Waiver of Jury Trial in Arbitration Provision May Be Pre-empted by the FAA
By Jeanne Schubert Barnum
The recent USSC decision in Kindred Nursing holds that invalidation of any arbitration provision in a contract, if it does not include a clear and unambiguous waiver of trial by jury, is inherently hostile to arbitration and therefore pre-empted by the Federal Arbitration Act.

Legal Issues in High- Risk Construction Projects
Stewart Edelstein, an experienced trial lawyer and former Yale Law School instructor of civil litigation skills, provides valuable tips for young lawyers about serving as local counsel and how to do an effective job without committing malpractice.

Let the Participants Beware: Current AAA Rules Require Caution
The enforcement of certain arbitration rules in certain jurisdictions could result in the unnecessary overturning of perfectly valid awards where there is an issue regarding the prepayment of arbitral deposits. (13:48)

Solution to the Construction Employment Gap
There is already an employment shortage in the skilled trades that is predicted to get worse.  The gap can be narrowed and profits can rise by tapping under utilized skilled employees ready to do the job

The New AAA Construction Arbitration Rules
A revision to the Construction Industry Arbitration Rules went into effect in July 2015.  Listen to Thomas Welby explains the rule changes that affect case management, sanctions, consolidation and joinder, ESI, dispositive motions, and more.

Early Considerations When Defending a False Claims Act Case
Decisions made early in a case can have  a huge effect on it. Listen as veteran litigator Patrick Greene walks you through a primer on false claims, explaining what the defense should consider as a case begins.

Single Employer Claims in the Construction Industry and Class Actions for Wage and Hour Violations
Via a discussion of the Fair Standards Labor Act of 1938, Kevin O’Connor describes how the single employer theory is a real threat to employers and employees who use employees on different job sites.

Ethics of Insurance Defense
You’re late with your privilege log—no big deal? Ian Fisher explains how it can become a huge deal, but also how a little cooperation can be a procrastinator’s best tool.

Deconstructing the Contractual Liability Exclusion
The Fifth Circuit Court of Appeals has certified questions to the Texas Supreme Court that have the potential to expand the scope of the contractual liability exclusion. Jim Warren explains how courts interpret this exclusion and what the final decision by the Fifth Circuit may mean for construction contractors in Texas and beyond. (8:39 min)

Revisions to Green Marketing Guides from the Federal Trade Commission
Jeanne Barnum outlines new FTC revisions designed to help marketers ensure that their claims are non-deceptive. (7:59 min)