LAS VEGAS – Construction Super Conference (CSC) is less than two months away, not to mention a Nov. 5 presidential election in less than three weeks. What will attendees be talking about? We asked and found no shortage of hot topics, such as: politics; regulations; artificial intelligence; and Chevron deference to name a few. CSC registration is open for the Dec. 9-11 conference at The Cosmopolitan in Las Vegas.

“Hot topics will be the presidential election results and the associated impacts on the construction industry, such as taxes, tariffs, inflation, and the impact on material pricing and labor. What types of national investments will there be for energy, affordable housing, infrastructure? What will be AI’s impact? How are developers, contractors, subs, and design professionals using AI? What are pros and cons of AI implementation?” — Dayna L. Anderson, executive vice president, The VERTEX Companies, LLC, Chicago

“There are a few pressing issues currently shaping the industry, including the rapid rise of AI in construction. As these technologies evolve, so too do the associated risks, making it essential to explore the benefits and challenges presented by the latest tools on the market. The transition of private contractors into public sector work has also been a focal point in recent years and will continue to be a key discussion point given the upcoming election. Additionally, the design-build delivery method has been promoted as a revolutionary delivery method, but it presents its own challenges, so I anticipate many attendees sharing their experience with it – highlighting both successful strategies and lessons learned from past endeavors.” — Levi W. Barrett, partner, Peckar & Abramson, New Jersey and New York

“I believe attendees at CSC will be interested in ‘Loss Prevention’ to mitigate any potential breach of contract and maximize profits. This topic covers many sub-issues immediately relevant to the construction industry and which the appellate courts have not had the opportunity to address concerning: contract law; insurance law; and labor law. More specifically, I think attendees at CSC will look for guidance in contract law on: progressive design build contracts; design build contracts; and whether natural disasters will afford contractors both time and money on projects impacted by recent hurricanes. For insurance coverage issues: ‘errors & omissions’ policies related delegated design and design assist; wind versus flood coverage; and reconstruction costs and fraud related to natural disasters. Finally, attendees will want to understand, from a labor law perspective, the changes to the National Labor Relations Act as it relates to the Cemex case—when a non-union company must negotiate with a union.” — Shawn R. Farrell, partner, Cohen Seglias Pallas Greenhall & Furman PC, Philadelphia

“Two issues that are top of mind right now are the potential impacts of the postponed dockworkers’ strike and the potential for increases in tariffs. The International Longshoremen’s Association has suspended their strike until Jan 15, 2025. The strike, if it happens, will undoubtedly disrupt construction because of the foreign components in these construction projects. In particular, renewable projects will be affected. While there is some domestic manufacturing of wind and solar components in the U.S., the majority of manufacturing takes place overseas. Potential increases in tariffs, or any other changes brought on by a change in the administration, may have a real impact on construction for those products sourced in countries that are subject to increased tariffs.” — Brian R. Gaudet, Kilpatrick Townsend & Stockton LLP, Houston

“Considering the recent Reficar arbitration decision which pushed CB&I into bankruptcy, and the recent bankruptcy of Zachry, attendees will be interested in discussing how to protect their companies and clients from the types of claims and circumstances that can take down long standing reputable firms. We are seeing in the industry a significant increase in claims accusing contractors of ‘gross negligence’ to avoid limitations or liability or to recover consequential damages—claims seeking to ‘claw back’ amounts already paid to contractors under reimbursable contracts and other ‘aggressive’ claim theories.”
— David A. Hecker, group general counsel, Strategic Resolutions, KIEWIT CORPORATION, Omaha, Neb.

“The question I hear most often is how is the market going to respond to the election? It is the water cooler topic.” — Christina M Ibrahim, senior vice president, general counsel, chief compliance officer and corporate secretary, SELECT, Houston

“Certain issues are always en vogue and ‘top in mind’ because they consistently occur on most construction projects of significant complexity and value, such as time-related impacts and termination. Although the issues have been around seemingly as long as construction projects, it feels like the permutations of how these issues arise and can be dealt with, or avoided altogether, is infinite. This, combined with the obvious financial impacts associated with these issues likely keeps them on the menu so-to-speak.”
— Brent N. Mackay, partner, Watt, Tieder, Hoffar & Fitzgerald LLP, Irvine, Calif.

“Where will we be going with regard to Procurement Systems? We are now caught in a myriad of processes. The old style ‘rip and read’ is still alive and well. P3 seems to be fading fast. Design-Build and its cousin Engineer-Procure-Construct (EPC) are hanging around. The newcomer Progressive Design Build seems to be picking up in popularity. They all have different issues and we are still looking to determine the best way to do the most basic thing, which is to enter into a contract with the least set of issues. — Michael F. McKenna, partner, Cohen Seglias Pallas Greenhall & Furman PC, Newark, N.J.

“How are contractors planning to mitigate and manage growing risks like cybersecurity threats, natural disasters, and economic uncertainty? What can contractors do to proactively address these issues affecting the construction landscape?”
— Michael V. Pepe, partner at Saxe Doernberger & Vita, P.C., Trumbull, Conn.

“Artificial Intelligence (AI) will be top of mind at the upcoming CSC. In line with the AI movement is the rise of automation of many jobs and tasks. Of concern is how to regulate the use of AI to avoid numerous legal and social issues, such as discrimination, bias, security, and loss of jobs.”
— Ralf R. Rodriguez, member, Cozen O’Connor, Miami

“Attendees will want to know; What is expected and planned for public works projects and commercial development—depending on who is elected in November.”
— John E. Sebastian, Watt, Tieder, Hoffar & Fitzgerald LLP, Chicago

“The Supreme Court overturning of the Chevron Deference will likely be top of mind. It will impact road permits and other major infrastructure projects over time. However, it is not going to have as much impact on worker safety as some people think. The OSHA statute is very specific, so the agency’s discretion is much less than in the environmental area. Thus, the OSHA regs will not be subject to as many challenges. I also suspect that some of the southern and mountain states are hoping to avoid the new heat rules, but those are going to stick. Those topics and more will be topics of conversation.”
— Carol A. Sigmond, partner at Greenspoon Marder LLP, New York, N.Y.

“One of the big issues on everyone’s mind is whether there will be a significant change in the construction landscape after November’s election. I know that many of my clients, particularly those in the energy sector, are very focused on that issue and how a potential change in the administration could change the appetite for certain projects—either for or against. The changing regulatory landscape is also an important factor for many projects—both those currently underway and those planned for the future. I expect that these timely issues will be addressed by several of the panels…One of best things about the Super Conference is that it offers something for everyone. Whether you are new to the industry or a seasoned professional—whether your focus is vertical construction or infrastructure—there are sessions aimed at all sectors and experience levels. There is no other conference that I am aware of that offers the diversity of programming that the Super Conference offers to its attendees.”
— Wendy Venoit, member, Cozen O’Connor, Boston

“Folks at CSC will want to hear about the use of AI in the legal and construction worlds—issues like the risk of AI in preparing legal briefs for arbitration or litigation. In the construction world, what is the outlook for AI for both owners and contractors. What can AI do to improve the construction industry – deliver projects on budget and on time? If so, how? — James G. Zack, Jr. principal, James Zack Consulting, LLC, Johnstown, Colo.