United States: Construction & Planning

Commercial and residential construction projects expose property owners and general contractors to significant risks arising from personal injury, property damage and construction defect claims. Contract documents can help allocate those risks to the responsible parties, while insurance can protect against losses that cannot be avoided or fully transferred. Common risk management tools include contractual indemnity, prevailing-party attorneys’ fees provisions, insurance requirements and early alternative dispute resolution (ADR) clauses.

The Colorado Supreme Court has reversed a significant Court of Appeals decision regarding verified statements of claim under the Public Works Act, fundamentally changing what contractors...

The New Jersey Supreme Court's recent decision in Monarch Communities, LLC v. Township of Montville fundamentally changes how developers must approach use variance applications for inherently beneficial uses such as senior housing, hospitals, schools, and childcare centers. The ruling establishes that demonstrating public benefit alone is no longer sufficient—applicants must now independently prove their projects align with municipal master plans and zoning ordinances before the traditional balancing