VOLUME 24 ISSUE 20 November 2, 2026
Editor's Notes
Happy Fall! In this issue of Construction Claims and Risk Management, discover case summaries regarding change order work and sealed bids, as well as practical guidance for project managers and owners on design and documentation. Additionally, we bring you articles examining the role of AI tools for construction risk identification and tips for using Claude.
In the next installment of the series on impact damages by James G. Zack, Jr. (a well-known consultant, speaker, and authority on construction disputes), learn about potential challenges to recovery and owner defenses.
Case Summary Notes
Contractor Recovers for Change Order Work Despite No Owner Breach
An executed bilateral change order was treated as something distinct from the body of the construction contract. A dissenting opinion argued the change order, authorized under the terms of the contract, was not distinct. Recovery under the change order required a finding of breach of the contract.
Some Information in Sealed Bids Not Subject to Public Disclosure
An agency required that sealed bids be accompanied by information on bidder responsibility regarding the technical approach, subcontracting, and procurement of materials. This information was confidential and was not released to the public through the public opening of bids or the publication of a bid abstract.
Practical Guidance
Construction Risk—Project Management
If bidding risk is about assumptions, project management risk is about volatility. Managing execution risk is now a core operating discipline, not an afterthought.
Owner’s Corner
Owner’s Risk—Design and Documentation
When an owner provides the design, the owner also provides a set of promises—whether it intends to or not.
Impact Damage Claims: Challenges to Recovery and Owner Defenses
The next article in James G. Zack’s series on impact damages. Impact damage claims are alive and well, but successful recovery rests on proof of causation and contemporaneous documentation of damages. Claimants must also overcome a number of challenges, many of which project owners may raise as defenses.
AI in Construction Risk and Claims
Claude Skills for Construction Professionals: What They Are and How to Use Them
Learn 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.
How AI Tools Actually Perform at Construction Risk ID
Most writing about AI and construction risk is vendor material in which the tool never fails, or reviews in which nobody ran a real project through a model. Researchers at the University of Zagreb’s Faculty of Civil Engineering tested the efficacy of three general-purpose AI models in risk identification.
Upcoming Training
Master Construction Scheduling with Jim Zack—November 18
Two live webinars. One expert. Choose the program that fits your team. These two programs give owners, contractors, and construction managers the knowledge to build schedules that work, and to spot schedules built to win an argument.
There are two upcoming webinars on construction scheduling by James G. Zack, Jr. The first event covers the Role of the Owner’s Scheduler on November 18, and the second is a 2-part series on Construction Schedule Games on December 8 and 10. Veteran’s Day Offer: If you register for Games by Wednesday, November 11, The Owner’s Scheduler is free, a $247 value. Click here for more information.
