Sponsor Company Name Sponsor Company Name

What is the most important trend in construction claims today?

Gary Kaplan, of North American Construction, XL Catlin, and 3 others answer this question.

September 26, 2016 Photo

“Older workers taking knowledge with them when they retire. Their knowledge needs to be captured and shared with younger workers, which can help increase efficiency and safety. Changing demographics is a complex problem; this is just one aspect of it.” 

1. GARY KAPLAN, President, North American Construction, XL Catlin. CLM Fellow since 2016.

“The trend that I have been following is the proliferation of infill projects for both condominiums and/or apartments. There is a continued effort to build in areas that were originally passed over for development. Obviously, this will lead to more claims.” 

2. WILLIAM A. NEBEKER, Partner, Koeller, Nebeker, Carlson & Haluck LLP.CLM Member since 2009.

“The increase of lawsuits against design professionals. They are targeted from all sides not only because of design issues on projects, but also because they typically fall outside of wrap policies and are looked at as another source of funds.”

3. WENDY WILCOX, Partner, Skane Wilcox LLP. CLM Member since 2011.

“All trends lead back to technology, which directly impacts the design, construction, and every facet of litigation. From the use of drones to BIM modeling, evidentiary issues, and paperless trials, staying ahead of emerging technology is pivotal to the claims professional, general counsel, and construction lawyer.”

4. STEVE HENNING, Founding Partner, Wood, Smith, Henning & Berman LLP. CLM Member since 2012.


Number of construction industry employers representing over six million employees. 

Source: Associated General Contractors of America


Rank of “contract errors and omissions” on the top five list of causes for U.S. construction disputes. 




Amount construction spending is predicted to exceed in 2017.  

Source: Statistica


Percent of executives who struggle to attract qualified craft labor—45% lack planner and project managers. 

Source: KPMG


Percent of revenue the construction industry allocates to technology—other industries average 3%.  

Source: JBKnowledge Inc.


Percent of construction companies that are using more subcontractors.

Source: Construction World 

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.  blips@claimsadvisor.com

Sponsored Content
Daily Claims News
  Powered by Claims Pages
About The Community

CLM’s Construction Community provides a forum for construction-related claims and litigation professionals to exchange ideas and share best practices. The community identifies trends and creates needed resources to meet the needs of the industry.

Community Events
No community events
Sponsor Company Name Sponsor Company Name