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Construction projects generate enormous amounts of information, from contracts and schedules to RFIs, change orders, daily reports, and expert analyses. When disputes arise, attorneys are often faced with the challenge of separating the critical facts from the overwhelming volume of material surrounding a project. In this episode, host Nicholas Siegfried speaks with Kyle Zunker, author of the article Construction: The Noisiest Litigation, about why construction disputes can become so complex and how lawyers can effectively navigate them. Drawing from his experience handling a wide range of construction claims, Kyle discusses the unique factors that contribute to "noise" in construction litigation, the importance of early case evaluation, the role of experts, and practical strategies for focusing on the issues that truly matter. Whether you're a seasoned construction attorney or newer to the practice, this conversation offers valuable insights into managing complex disputes and developing a more strategic approach to construction litigation.

Have you ever wondered what makes the American Bar Association Forum on Construction Law one of the leading organizations for construction lawyers across the country? Host Nicholas Siegfried is joined by Forum Chair Tony Lehman for an insightful discussion on the year ahead in construction law. In this episode, we take a closer look at the Forum's mission, its impact on the construction industry, and the many opportunities it provides for networking, professional development, leadership, and education. Whether you're an experienced construction attorney, a young professional looking to expand your network, or simply interested in the future of the industry, this episode offers valuable insights and practical takeaways.

What happens when fixing an alleged design or construction error leaves an owner with a project that’s better than originally promised? In this episode, we explore the doctrine of betterment—a key damages principle that prevents claimants from turning construction disputes into windfalls. Host David Suchar is joined by Keith Bergeron of Deutsch Kerrigan (New Orleans) and Matt Ryan of Allensworth (Austin) for a deep dive into how courts handle “added benefit” claims. We unpack the interplay between design omissions, retrofit costs, and contractual risk allocation, with real-world examples and case law from across the country. Whether you represent owners, designers, or contractors, this episode offers practical insight into how betterment shapes liability and claim strategy for construction disputes.

What does it mean to meet the “standard of care” in the construction industry—and what happens when that standard is called into question? In this episode, we’re joined by Chris Caddell of Spire Consulting and Tim Ross of Andrews Myers to explore how the standard of care applies to contractors, design professionals, and peer reviewers. Drawing on years of real-world experience, Chris and Tim share practical strategies for addressing standard of care issues in contracts, avoiding common pitfalls, and proactively managing risk from the earliest stages of a project.

In this episode we discuss a book recently published by the ABA Forum on Construction Law—"Design-Build and EPC Contracting: A Practical Legal Guide” (2024)—one of the ABA Forum on Construction Law's newest books.  Construction lawyer and book editor Ken Rubinstein discusses his role as editor (on behalf of other editors Nicole Lentini, Logan Hollobaugh, Wendy Venoit, and Paul Varela), the content and process for developing the book, current issues that face project Owners and emerging industry trends, and practical tips for how to navigate the unique challenges in this space as construction lawyers.

In this episode we discuss a book recently published by the ABA Forum on Construction Law—"Representing the Project Owner: A Construction Lawyer's Guide” (2025)—one of the ABA Forum on Construction Law's newest books and an excellent addition to the organization's catalog of useful resources.  Construction lawyers and book editors Anatoly Darov, Sanjay Kurian and Kristen Sherwin discuss their roles as editors, the content and process for developing the book and current issues that face project Owners.

In the latest episode of the Construction Law Today podcast series, Judge Nancy Holtz (Ret.), a seasoned JAMS mediator based in Boston, shares her insights on the critical role timing plays in achieving successful outcomes in construction mediations. Drawing from her extensive experience as a judge and mediator, Judge Holz discusses the delicate balance of timing in terms of exchanging information, sharing key information about mediation participants ahead of time and being willing to make bold moves as lawyers and party representatives in order to optimize settlement opportunities. Her practical advice and expertise offer valuable guidance for navigating the mediation process.

Our guest for this episode is Arlan Lewis, an accomplished construction lawyer and partner at Blueprint Construction Counsel in Birmingham, Alabama. Arlan recently served as chair of the ABA Forum on Construction Law and was elected this year as a Fellow of the American College of Construction Lawyers. Recorded live at the 2024 Forum Fall meeting in Pittsburgh, our conversation delves into Arlan’s journey in the Forum and the central role the organization has played in his career. Join us for an insightful discussion with one of the Forum’s leaders.

Our guest for this episode is Adrian Bastianelli, an attorney at Peckar & Abramson in Washington, D.C., and one of the nation’s most distinguished construction lawyers and arbitrators. Adrian’s career includes serving as Chair of the ABA Forum on Construction Law, editor of The Construction Lawyer, and the inaugural editor of the Journal of the American College of Construction Lawyers (ACCL). During the 2024 Fall Meeting of the Forum in Pittsburgh, Pennsylvania, I had the pleasure of speaking with Adrian about his remarkable journey in the Forum and how it has shaped his career.

In this episode we delve into the history of force majeure provisions and the impossibility doctrine. Our now repeat guest Benton Wheatley addresses this topic from the perspective of the common law history of force majeure and impossibility, leading up to a discussion about practical tips and frequently encountered problems in the area of COVID-19 and other developing claims.

In this episode we discuss the False Claims Act and its impact on the construction industry. Our guest is Chelsea Cullum, Executive VP, Forensics with Vertex in Washington, DC. She is a forensic accounting and quantum expert with a particular focus on government contracts, including analyzing and testifying with respect to false claims. Together we discuss the potential hazards and emerging trends with claims based on government contracts, including the most common types of claims that impact public construction projects.

In this episode we discuss autonomous vehicles and their impact on the construction industry. Our guest Tony Lathrop of Moore & Van Allen in Charlotte, NC addresses this topic using his many years of experience in his firm’s Transportation, Infrastructure & Logistics and Litigation groups and in leadership on the North Carolina Board of Transportation since 2017. Together we discuss the current capabilities and future of autonomous vehicle technology, its potential to transform many aspects of the construction industry and some interesting legal questions that arise as a result.

In this episode we discuss a topic that is familiar to many of our listeners—construction case and claims investigation—but with a focus on some innovative ways to consider and pursue information. Our guest Mark Becker at Fabyanske, Westra, Hart & Thomson, P.A., addresses this topic using his years of experience in the construction litigation field and on related topics of discovery, “document review,” effective use of experts, studies, subpoenas, FOIA requests, software review and depositions to gather the best information toward winning your case.

In this episode we explore the issues raised and opportunities presented by the infusion of Private Equity money in the construction industry and resulting issues in the field of construction law. Our guest Benton Wheatley addresses this topic using his years of experience in the area and on related topics of construction project financing, contracting, management and claims. Benton also provides an overview of practical tips and frequently encountered problems including ethical issues for lawyers practicing construction law in this era of increased private equity participation.

In this episode we discuss double blind mediation techniques—and best practices for lawyers who participate in construction claims mediations. Accomplished construction lawyer and mediator Mark Heley addresses this topic. Together we explore the mediation of larger multi-party cases, how double blind mediation processes can help to solve disputes and the upsides and downsides of this approach.