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In the AAA’s 2026 Construction Report, Denise Motta, Counsel at Wilson Elser, emphasized that force majeure provisions are only as useful as the contract language and the process the parties follow when a disruption occurs. She continued, saying that notice should do more than preserve a party’s rights. It should also start a practical discussion about how the force majeure issue will be addressed before it causes broader project impacts. Download the report here: #AAA# #AAAConstructionConference# #ConstructionArbitration#
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In the AAA’s 2026 Construction Report, Saul Ewing Partner Y. Lisa Colon stated that AI is not eliminating a design professional’s responsibility. Instead, it may change how courts, arbitrators, and advocates evaluate whether the professional acted reasonably. Although the core question will remain whether a design professional used ordinary and reasonable care, skill, and diligence, technology will influence what’s considered reasonable in each project context. Download the report here: #AAA# #AAAConstructionConference# #ConstructionArbitration#
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