Construction Law Today

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Oct 2026

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Podcast of the American Bar Association Forum on Construction Law

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46 recent

October 9, 2026Episode 4634 min

Episode 46: Construction Litigation: Cutting Through the Noise

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.

August 28, 2026Episode 4537 min

Episode 45: Forum Chair Tony Lehman on the Forum and the Year Ahead

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.

October 24, 2025Episode 4434 min

Episode 44: Betterment in Construction

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.

July 29, 2025Episode 4331 min

Episode 43: Standard of Care in Construction

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.

July 21, 2025Episode 4230 min

Episode 42: The Design Build and EPC Book

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.

July 15, 2025Episode 4128 min

Episode 41: The Project Owner’s Book

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.

December 9, 2024Episode 4033 min

Episode 40: The Importance of Timing in Construction Mediations

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.

December 3, 2024Episode 3922 min

Episode 39: Forum Stories: An Interview with Arlan Lewis

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.

November 21, 2024Episode 3820 min

Episode 38: Forum Stories: An Interview with Adrian Bastianelli

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.

June 5, 2024Episode 3731 min

Episode 37: Force Majeure & Impossibility for COVID-19 and Other Construction Claims

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.

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