Archive

All of our previous posts

Upcoming Live Webinars

Sep 6, 2026

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1 min read

Essential Construction Claims Series - Starts October 14

Nine live sessions. Real disputes, real fixes — taught by the attorneys and consultants who handle them every day.

paul levin

Case Summaries

Aug 31, 2026

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2 min read

Contractor Could Rely on As-Builts Despite Contractual Disclaimers

Broad disclaimers did not negate the government's responsibility for the accuracy of the as-built drawings furnished to the contractor. The contractor’s notification of differing site conditions two weeks after discovery was sufficiently prompt.

Case Summaries

Aug 31, 2026

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3 min read

Negotiation of Liquidated Damages Did Not Trigger Claim Notice Period

Ongoing negotiations of responsibility for an extended performance period did not establish a contractor’s knowledge of the basis for a claim. These negotiations did not trigger the 30-day claim notice period.

AI Applications - Basic

Aug 26, 2026

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1 min read

AI Flags Risks in Advance; Reduces & Resolves Risks During Construction

Introduction to CCRM's regular column on AI. Kristijan Vilibić, editor of AI Construction News, brings to you each issue valuable tips and tutorials to help you immediately implement AI tasks to save you time and keep your projects on task.

Kristijan Vilibić, AI Editor

Newsletter Issues

Aug 22, 2026

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1 min read

New Format, New Content + AI

Construction Claims & Risk Management, the publication dedicated to helping contractors and owners manage risk. In addition to the latest case summaries, now includes content produced by industry attorneys and consultants providing you the info you need to cut through the noise amidst today's global risks - tariffs, politics, war, climate change and AI.

Owner's Corner

Aug 20, 2026

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2 min read

Owner's Risk Series (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.

paul levin

Case Summaries

Aug 14, 2026

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2 min read

Location of Project Determines Law of Performance Bond Claim

A one-year claim limitation provision in a performance bond was enforceable under Virginia law, even though the bonded subcontract for the Virginia-based project was executed in Maryland between two Maryland companies.

Case Summaries

Aug 14, 2026

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2 min read

Minnesota High Court Rules “Termination” Is Technical Construction Term

The word termination, as used in the construction industry and construction contracts, refers to the end of a contractual relationship, not the conclusion of physical construction work.

Case Summaries

Aug 14, 2026

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2 min read

Specifications Did Not Prevent Manufacturer’s Warranty

A defaulted contractor failed to show that the government’s specifications were defective. They also failed to link issues with those specs to the contractor’s tardy performance.

Case Summaries

Jul 31, 2026

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2 min read

Bid Protester Had Same Deficiency of Which It Complained

A second low bidder committed the same bid deficiency that motivated its protest against the low bid. It therefore suffered no prejudice and could not maintain a protest based on bid responsiveness.

Case Summaries

Jul 31, 2026

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3 min read

Use of “Fragnet” Did Not Alter Critical Path of Schedule

A fragmentary network is a CPM modeling tool that can be used to hypothesize regarding the impact of a specific event. It does not necessarily reflect what is occurring on the ground and, in itself, does not alter the project's critical path.

paul levin

Case Summaries

Jul 15, 2026

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2 min read

Architect’s License Revoked for Falsifying Continuing Education Documents

The Nebraska Supreme Court upheld a five-year ban from practice for an architect who falsified continuing education documents.

Case Summaries

Jul 15, 2026

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2 min read

Arizona High Court Addresses Project Owner Liability to Subcontractor

A property owner allegedly received improvements performed by a subcontractor and paid no one for the work. The Arizona Supreme Court said that even in the absence of owner misconduct, the owner could be liable to the subcontractor for unjust enrichment. The lack of contractual privity did not insulate the owner.

Case Summaries

Jul 15, 2026

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3 min read

Federal Circuit Upholds Denial of Site Condition Claim

A contractor relied on soil test boring logs from other areas of the work site when it was not reasonable to do so. The contractor could not draw conclusions about site conditions from a contract provision that had been deleted prior to bid submittal.

Case Summaries

Jul 1, 2026

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2 min read

Exchange of Price Information Led to Bid Rigging Conviction

An exchange of pricing information among competitors led to a criminal conspiracy to fix prices, rig bids, and allocate market share, resulting in a violation of the Sherman Act.

Case Summaries

Jul 1, 2026

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2 min read

Labor Union May Recover Against Public Works Payment Bond

A collective bargaining agreement between a union and a prime contractor obligated the contractor to assist the union in collecting benefit plan contributions from the contractor’s subs. The union had the right to seek recovery of unpaid subcontractor contributions from the contractor’s payment bond.

Practical Guidance

Jul 1, 2026

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2 min read

Construction Risk - Delay & Schedule

Delay is where nearly every other construction risk eventually shows up — and where a defensible schedule earns its keep.

paul levin

Practical Guidance

Jun 15, 2026

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2 min read

Construction Risk - Project Management

Once the job is won, a new set of risks takes over — the ones that unfold in real time, on the site, under a market that will not sit still.

paul levin

Case Summaries

Jun 1, 2026

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2 min read

Sub-Bid Subcontract Could Include Out-of-Trade Work

A contract drawing had not been admitted into the judicial record. Consequently, an appellate court could not determine whether out-of-trade site improvements had been incorporated into the masonry subcontract.

paul levin