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All of our previous posts

News Posts

Oct 23, 2026

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1 min read

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

Board grants government's motion to strike post-hearing reply brief on the grounds that it contained fictitious case law and numerous false and misleading citations to the record.

paul levin

Case Summaries

Oct 14, 2026

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2 min read

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.

Case Summaries

Oct 14, 2026

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3 min read

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.

Case Summaries

Oct 14, 2026

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3 min read

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.

Passport Resources

Oct 13, 2026

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1 min read

2026-27 Claim Series - Identification & Notification

On-demand version of webinar by Joe McManus & David Butzer. Includes on-demand recorded webinar and comprehensive report

Grandview Site Progress

Oct 10, 2026

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1 min read

Grandview Site Progress: Aug. 7, 2026 – Soldier Pile Drill Rig

A closer look at the drill rig boring a hole for the next soldier pile, with completed piles in a row along the front edge.

paul levin

AI Applications - Applied

Oct 1, 2026

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5 min read

From RFI to Risk Register

Using AI to Capture and Classify Emerging Project Risks

Kristijan Vilibić

Owner's Corner

Oct 1, 2026

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3 min read

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.

James G. Zack, Jr.

Case Summaries

Oct 1, 2026

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2 min read

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.

Practical Guidance

Oct 1, 2026

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2 min read

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

Oct 1, 2026

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2 min read

Introduction to Owner's Risk Series (Part 1 ) Procurement & Delivery

An owner's most powerful risk decisions are made before construction begins — in how the project is structured and how risk is allocated.

Case Summaries

Oct 1, 2026

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2 min read

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.

Newsletter Issues

Oct 1, 2026

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3 min read

Newsletter | October 15, 2026

Impact Damages, a Guide to AI, and Upcoming Training

AI Applications - Basic

Oct 1, 2026

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7 min read

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.

Kristijan Vilibić

AI Applications - Good to Know

Sep 29, 2026

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4 min read

Claude Skills for Construction Professionals: What They Are and How to Use Them?

How to turn repeatable contract reviews, bid summaries, and document workflows into reusable Claude Skills — plus how to set up a project context file to keep AI consistent across your projects.

Kristijan Vilibić

Grandview Site Progress

Sep 25, 2026

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1 min read

Buildings 2.1 and 2.2 Taking Shape (September 25, 2026)

Excavation continues for the underground garages. Tower cranes bases poured. Support of excavation on three sides mostly complete.

paul levin

Grandview Site Progress

Sep 18, 2026

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3 min read

Sept. 18, 2026 – Dozer Grading - Video

A dozer pushes and levels soil across the excavation floor. Video, 1:34, no audio.

paul levin

Case Summaries

Sep 15, 2026

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2 min read

“Check Contractor’s Schedules” Ruled Ambiguous

The term “check contractor’s schedules” in the architectural services scope of work is ambiguous. Extrinsic evidence, including the procuring agency's prior practices, has to be examined.

Case Summaries

Sep 15, 2026

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3 min read

Copyrighted “Architectural Works” Include Functional Drawings

A federal statute governing the copyright of architectural works applied not only to pictorial depictions of buildings but also to functional drawings, such as floor plans and renderings. However, a separate statutory prohibition on removing copyright notices from works used in internet marketing did not apply to the failure to place the notice on newly created works.