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9-Part Construction Claims Series
Includes 2026 ASCE 4th Edition Claims Book
Continues October 28, 2026

Pay-if-Paid and Pay-when-Paid Construction Clauses:
Who Bears the Risk of Non-Payment?
October 21, 2026

Certified Payroll / Davis-Bacon Series
Now features California Public Works Law and Davis-Bacon Related Acts
Starts October 29, 2026

CPM Schedule Training 2-Part Series
Includes 2025 Wiley CPM Book
Starts November 10, 2026

Implied Obligations in Construction Contracts:
What You Don’t Know Can Hurt You
November 17, 2026

Construction Scheduling: Games People Play - 2-part Series
Starts December 10, 2026

Tariffs. Politics. War. Climate. AI. Construction risk has never moved this fast — welcome to Construction Claims & Risk, the new home for practical advice from the team behind Construction Claims Advisor (est. 2003).

Oct 1, 2026

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Newsletter | October 15, 2026

Impact Damages, a Guide to AI, and Upcoming Training

Case Summaries

No Implied Warranty on Performance Specification

The government does not extend an implied warranty of accuracy for a performance specification. However, the contractor did state a valid claim for a differing site condition.

Challenge to Liquidated Damages Rate Allowed

A contractor was allowed to challenge the enforceability of a liquidated damages clause as part of its suit for payment under the contract. The contractor argued that the public project owner used a formulaic daily rate instead of a forecast of damages for late project completion.

Delay Claim Needed Comprehensive CPM Analysis

A contractor’s delay damage claim was unitary, not a series of distinct claims. All aspects of the claim arose from the same set of operative facts. And, delay analysis on complex projects requires a comprehensive approach.

Bonding Attempts Prove Futile

A contractor’s proposed bonding arrangements were either noncompliant with the government’s list of approved corporate sureties or in violation of the Assignment of Claims Act.

Liquidated Damages Cap Not Applicable to Non-Delay Damages

Liquidated damages were a project owner’s exclusive remedy for delayed completion, and those damages were capped at a stipulated amount. But the owner could still recover direct damages for increased construction costs, even if the total claim exceeded the cap.

Practical Guidance

Construction Risk - Bidding and Procurement

"Where the Money Is Won or Lost." The risks that decide a project's fate are baked into the bid, long before the first shovel hits dirt — quantities, subsurface conditions, and subcontractor pricing you're betting on sight unseen.

Owner’s Corner

Are Impact Damages on Construction Projects Recoverable?

Many owners assume that a project delivered on time is safe from claims. It isn't. Impact damages, the hidden costs of lost productivity from late RFI responses, design errors, and disrupted site access, can be recovered even when the schedule never slips. The first article in our Owner's Corner series explains what impact damages are, traces their legal roots from Groves to the landmark Pittman decision, and outlines practical steps owners can take to limit their exposure.

AI in Construction Risk and Claims

What Is AI Actually Doing in Construction? A Practical Guide for Contractors and Claims Professionals

AI in construction is marketed as everything from robotic bricklaying to autonomous manufacturing plant, but what is it actually delivering on live projects? This guide sets the hype aside and asks a narrower question: which tasks is AI completing, in a real week, to a standard a professional would put their name to? We look first at contractors delivering the work, then at the claims professionals who handle the fallout when delivery goes wrong.

Owner’s Corner Archives

Are Impact Damages on Construction Projects Recoverable?

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Advisor Case Summaries

Access Archives

Newsroom

Practical Construction Claims Intelligence—Twice a Month

Get concise case summaries, contract and scheduling insights, and practical risk-management guidance for construction professionals—delivered twice a month.

Upcoming Live Events

Newsletter | October 15, 2026

No Implied Warranty on Performance Specification

Challenge to Liquidated Damages Rate Allowed

Delay Claim Needed Comprehensive CPM Analysis

Bonding Attempts Prove Futile

Liquidated Damages Cap Not Applicable to Non-Delay Damages

Construction Risk - Bidding and Procurement

Are Impact Damages on Construction Projects Recoverable?

What Is AI Actually Doing in Construction? A Practical Guide for Contractors and Claims Professionals

Popular Content

Armed Services Board Throws Out Contractor's Reply Brief Over AI Use

Owner’s Corner Archives

Are Impact Damages on Construction Projects Recoverable?

Advisor Case Summaries

Newsroom

Practical Construction Claims Intelligence—Twice a Month