United States: Real Estate and Construction

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.

Building information modeling, artificial intelligence, project management software, digital platforms and robotics have improved efficiency and precision in design, construction and claims management. At the same time, workforce shortages, skills gaps, supply chain disruptions, price volatility, regulatory delays and geopolitical uncertainty continue to make claims and disputes a fact of life in the construction industry.

In this episode of the JAMS podcast, JAMS neutrals (Hon.) Nancy Holtz (Ret.), Stacy La Scala, Esq. and Philip Bruner, Esq. discuss how parties and counsel can make construction mediations more effective by focusing on preparation, communication and problem-solving long before the mediation session begins

Purchasing a residential property with existing tenants requires careful attention to lease agreements, possession rights, and financing requirements. Understanding how tenant occupancy affects closing timelines, security deposits, and the buyer's ability to occupy or use the property can prevent costly surprises and legal complications during the transaction process.

It’s an uncomfortable topic, but it also creates immediate legal and financial questions for surviving family members, sellers, lenders, and real estate professionals.

Recent amendments to Mass. R. Prof. C. 1.15 have significantly changed how Massachusetts law yers must handle unclaimed and unidentified funds held in IOLTA accounts.

A revocable living trust (sometimes called a revocable inter vivos trust) is a legal arrangement you create during your lifetime to hold legal title to your assets.

Jennifer D'Amato explores the critical techniques and strategies available under Wisconsin law for post-death estate administration, examining how legal professionals can help families minimize costs, delays, and conflicts during the probate process. The article provides practical guidance on navigating the various administration options available in Wisconsin's aging population landscape.

Leaving real estate to heirs through a will or a revocable trust has long been standard practice in estate planning. Many clients expect to pass along the home they have lived in for years...

On Aug. 18, 2026, Pennsylvania Gov. Josh Shapiro signed Executive Order 2026-05 (EO 2026-05). The order directs state agencies — principally the Department of Environmental Protection (DEP), Department of Revenue (DOR), and Department of Community and Economic Development (DCED) — to condition certain permitting, tax, and incentive-related actions on compliance with the governor’s Responsible Infrastructure Development (GRID) Requirements.

Pennsylvania Governor Josh Shapiro's Executive Order introduces new regulations for data center development, establishing requirements for energy affordability, community engagement, and environmental protection while granting municipalities increased authority over local projects. The order presents unique challenges for developers as most local codes lack provisions for data centers, a relatively new land use category that has emerged only in recent years.

The Eighth Circuit's affirmation of a $1 billion settlement in Burnett v. National Association of Realtors marks a watershed moment in antitrust litigation, fundamentally restructuring how buyer-broker commissions operate in residential real estate. The decision upheld the elimination of NAR's longstanding Cooperative Compensation Rule while addressing critical procedural questions about nationwide class action settlements, release scope, and attorneys' fees. What does this landmark ruling mean for companie