Lane Kelman Featured in Executive Insights 2026: Leaders in Construction Law

Partner and Chair of the Construction Group Lane Kelman was recently featured in Construction Executive’s Executive Insights 2026: Leaders in Construction Law. Lane was asked about the challenges contractors face with contract requirements and answered with the following:

“Compliance with contract requirements can make a construction litigator’s job challenging. Immediately, I focus on notice and reservation of rights clauses, which can often be overlooked. Although seemingly standardized, both are central to a claim’s viability.

“These provisions often work in tandem. Notice provisions allow owners and construction managers to mitigate damages and control costs. Implementation of them forces choices by owners and/or construction managers. Reservation of rights clauses serve a related purpose and can explicitly preserve the noticed claims. The nexus between the two is crucial and providing notice of a claim may not be sufficient if rights are not properly reserved.

“In some jurisdictions, compliance with notice and reservation of rights provisions is strictly construed and can be fatal. In other jurisdictions, however, the assessment may be more fact intensive, and prejudice to the respective parties may be a factor.

“Project teams should understand key contract provisions before work begins. Poor communication among field personnel, project management and accounting can lead to missed notice requirements or the release of claims. With proper training and communication, parties can reduce legal obstacles and related costs that arise when notice is untimely or claims are not properly preserved.

“Attorneys and stakeholders should treat notice and reservation of rights provisions as early claim-assessment tools. Training and communication at the project level can help ensure timely notice and express preservation of rights. Implementing these good practices will lead to stronger claims.”