Is construction claims and litigation becoming more or less complicated?

QBE's Lee Wright is one of four CLM members and fellows who answer this month's question.

May 09, 2016 Photo

“Definitely more complicated. It’s a constantly evolving arena. New case law leads to reassessment of risk by carriers that all approach things differently, creating the need for the new language to be tested. It never ends and never gets any easier.”

1. LEE WRIGHT, AVP, Senior Claims Manager, QBE. CLM Fellow since 2009.

“Construction claims and litigation is becoming more complicated with new products and technology in the mix; more and more manuscript policy forms at play; larger, more complex projects in the works; and, finally and most importantly, ever-evolving law that is difficult at best to keep up with.”

2. KAREN RICE, Vice President, XL Catlin. CLM Fellow since 2009.

“Construction law and the practice has become increasingly complex, and that will continue. Creativity drives the construction litigation industry. We constantly strive to increase efficiency and profit, while carriers provide new products and owners make more stringent contractual demands. It’s endless, and I would have it no other way.”

3. MATTHEW J. LIEDLE, Partner, Liedle, Larson, Lidl & Vail LLP. CLM Member since 2012.

“As collaboration increases (e.g., IPD, P3, Lean, BIM), theoretically there should be less disputes. However, those disputes will likely be more complicated, at least in the near future, as the industry catches up to the realities and ramifications.”

4. CARRIE L. CILIBERTO, ESQ., Senior Director and Counsel, The Associated General Contractors (AGC) of America. CLM Fellow since 2010.


Percent of growth in U.S. construction starts expected in 2016.

Source: Dodge and Data Analytics

1 in 5

Number of private industry worker fatalities that occurred in the construction industry.

Source: OSHA

$287 Billion

Expected revenue in the green and sustainable construction industry by 2017.

Source: Statista


Number of square feet in store and shopping center building starts predicted in 2016.

Source: Dodge and Data Analytics


Percent of construction, engineering, and infrastructure companies that experienced fraud in 2015.

Source: Kroll


Start date for the CLM’s National Construction Claims Conference.


About The Authors
Bevrlee J. Lips

Bevrlee J. Lips was managing editor of Claims Management magazine (now CLM Magazine) from January 2012 until March 2017.

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