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CONSTRUCTION CLAIMS BUILDING BETTER OUTCOMES SPRING 2026 ISSUE 1 • VOLUME 11 CONSTRUCTION IN 2026 AI COMING OF AGE CLM Young Professionals Sound Off on the Industry’s Efforts RECRUITING THE NEXT GENERATIONConstruction Related Claims Construction Defect, Job Site Accidents, Delay Claims, Heavy Equipment, NY Labor Law & Surety Claims Pre-Suit Claims Engineering Analysis, Construction Claims, General Liability Claims Accident Reconstruction Commercial Vehicles, Bicycles / Motorcycles Multi-Vehicle Collisions, Driver Factors Cause & Origin Investigations Investigate Claims, Evaluate Damages, Repair Specifications, Reconstruction Oversight Trip / Slip / Fall, Coefficient of Friction Analysis, Premises Security, Alcohol-Related Injuries Cost Estimating & Damages Analysis Cost of Repair, Repair Recommendations, Damages Analysis and Reasonableness of Costs Aerial Drone & MC Virtual-360 ™ High Resolution Aerial Photography / Videography 360 Camera / 3D Scanning, Room & Entire Structure Animation Services Animation Trial Exhibits and Litigation Support Videos 35 Premises Liability/ Security & Dram Shop WHO CAN SERVE ALL YOUR CD & GL FORENSIC NEEDS? 800.729.0355 One Company For All Your Consulting Needs GENERAL LIABILITY & CONSTRUCTION FORENSICSSPRING 2026 | 3 THE BONES SPRING 2026 6 ON THE COVER RECRUITING THE NEXT GENERATION CLM Young Professionals Sound Off on the Industry’s Efforts 18 FROM RESILIENCE TO RENEWAL Lessons Learned and Foresight for the Next Era of Wildfire Preparedness 22 COMING OF AGE AI Is Smart Enough to Help; Wild Enough to Worry You 26 CONSTRUCTION IN 2026 Innovation, Challenges, and Opportunities 10 Washington The Evolution of Negligence Claims 12 Oregon Changing the Clock on Condo Defect Claims 14 Florida A Tale of Two Decisions 16 New York Courts Confront Manufactured Claims Head On 4 Inside Counsel The Next Generation Speaks for Itself 5 Ask the Expert Severity Rising FEATURES STATE-BY-STATEDEPARTMENTS4 | CONSTRUCTION CLAIMS TheCLM.org/Magazine INSIDE COUNSEL THE NEXT GENERATION SPEAKS FOR ITSELF Insurance and legal professionals working in and beyond the construction industry continue to struggle with recruiting and retaining talent. The causes and potential solutions have been widely discussed, but the consequences remain: There is an aging workforce and a shortage of talent to replace those who are, or are close to, departing. Construction Claims gathered insights, opinions, and experiences on the topics of recruitment and retention from CLM young professionals who have come into the insurance and legal industries during the current talent shortage. In this issue, CLM Associate Editor Angela Sabarese hosts a Q&A with young professionals to discuss recruitment. In our upcoming Summer edition, we will hear more from these young professionals on retaining talent the industry does attract. Be sure to check out the feature, “Recruiting the Next Generation,” on page six, and get unique perspectives on a longstanding industry challenge from the very people the industry is attempting to recruit and retain. The New Face of Construction Claims Speaking of Angela Sabarese, who authored our cover feature, this issue serves as a passing of the torch, of sorts. Angela, who has been with CLM since September 2023, will be taking the lead on planning and assembling Construction Claims. I will continue to oversee the publication’s production, but Angela will take on most of the heavy lifting, and in fact did so for this current issue. If you have not met Angela in person at a CLM conference, you have no doubt seen her byline as she has spent the past two and a half years writing articles for the CLM Magazine website, interviewing CLM professionals, and covering conference sessions and webinars. She has been a wonderful addition to CLM’s content team, and I can say this publication will be in good hands under her guidance. Feel free to reach out to her at Angela.Sabarese@ theCLM.org with article ideas and suggestions! Of course, the rest of the content team will always be available to you as well, and you can reach out to me anytime at Phil.Gusman@theCLM.org, or contact Fran Clark at Fran.Clark@theCLM.org. CLM’s amazing Construction Community was extraordinarily welcoming and helpful to me when I first took the editorial reins at Construction Claims. I know that Angela’s in for a rewarding experience working with all of you to bring this magazine to life each quarter, and I’m looking forward to seeing future issues continue to shine here at CLM. K PHIL GUSMAN Editor Phil.Gusman@theCLM.org SPRING 2026 ISSUE 1 • VOLUME 11 Construction Claims is published four times a year and covers all aspects of construction-related claims, including construction defect, site accidents/injuries, insurance coverage, subcontractor issues, and new technologies that address both national and regional/ statewide audiences. Copyright© 2026 by the Claims and Litigation Management (CLM) Alliance. All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior written permission of the Claims and Litigation Management (CLM) Alliance. The views expressed in the articles are solely those of the authors and do not necessarily reflect the views or opinions of the Claims and Litigation Management (CLM) Alliance or the companies in which the authors are employed. ART DIRECTOR/ PUBLISHING OPERATIONS MANAGER Jason T. Williams ADVERTISING Jeremy Campbell jeremy.campbell@TheCLM.org 513-377-7228 EDITORIAL SUBMISSIONS & QUESTIONS Phil Gusman at phil.gusman@TheCLM.org REPRINTS For reprints and licensing please contact Jeremy Campbell at jeremy.campbell@TheCLM.org or 513-377-7228. PRESIDENT Susan Wisbey-Smith VP PARTNERSHIPS Jeremy Campbell SENIOR ACCOUNT EXECUTIVE Laurel Metz ACCOUNT EXECUTIVE Megan Josd DIRECTOR OF CONTENT Phil Gusman ASSOCIATE EDITOR Angela Sabarese ASSISTANT EDITOR Fran ClarkSPRING 2026 | 5 ASK THE EXPERT QUESTION: The industry is reporting that while construction claim frequency appears to be declining, severity is rising. From your perspective, what is driving this shift, and how should carriers and claims professionals adjust their strategies in response? A: Across the construction claims landscape, a clear pattern has emerged: Claim frequency is trending downward, while claim severity continues to rise. Although this may ap- pear contradictory at first glance, the drivers behind these trends are distinct and rooted in economic, labor, and market realities. Drivers of Claim Severity Rise On the severity side, cost pressures are the primary force. Construction claims today are significantly more expensive to resolve than in prior years. One factor is the continued impact of tariffs on construction materials, many of which are sourced internationally. These tariffs, combined with ongoing inflationary pressures, have driven material prices higher and increased replacement and repair costs. At the same time, the construc- tion industry continues to face a tight labor market, particularly for skilled trades. Wages remain elevated, and, in many cases, insurers must pay premium rates or expedited costs to secure qualified labor quickly enough to mitigate further loss and commence repairs. Delays in sourcing labor or materials often translate directly into higher claim payouts, especially when extra expense or expediting expense coverages are triggered. Reasons Behind Claim Frequency Decline In contrast, claim frequency has declined for reasons largely unrelated to cost. Recent weather patterns have been relatively mild, with fewer major hurricanes and large-scale tornado events compared to prior periods. Fewer catastrophic events naturally result in fewer claims. Economic factors also play a role. The in- surance industry has been operating in a hard market, often translating into higher deduct- ibles and thus fewer claims submitted. Strategies to Address Rising Severity Given this environment, carriers and claims professionals must adjust their strategies to address rising severity effectively. One critical area is reserving. Early and accurate reserving depends on accelerating the gathering of in- formation at the front end of a claim. Delays or incomplete data can lead to underesti- mating exposures, which creates challenges as costs may escalate later in the life cycle. Claims professionals who prioritize early loss exposure awareness are better positioned to manage expectations and outcomes. Equally important is shifting from a reac- tive to a proactive approach. Construction claims benefit from early engagement and collaboration. Rather than waiting for prob- lems to surface, claims teams should initiate conversations, propose solutions, and work alongside contractors and insureds to acceler- ate recovery. Viewing the policy as a roadmap to recovery can help all parties move forward more efficiently. Finally, construction claims require creativity. Each loss is unique, with its own technical, contractual, and logistical nuances. Claims professionals who challenge them- selves to think beyond traditional approaches are better equipped to navigate complexity and control severity in an increasingly de- manding environment. K SEVERITY RISING Christopher Wilke International Executive General Adjuster Crawford & Company | Global Technical Services6 | CONSTRUCTION CLAIMS TheCLM.org/Magazine CLM Young Professionals Sound Off on the Industry’s Efforts BY ANGELA SABARESE THE PANEL: BRITTNEY AQUINO, Senior attorney, Kahana Feld, LLP. baquino@kahanafeld.com CASEY FLYNN, Risk management senior insurance specialist, Clune Construction Company. cflynn@clunegc.com MARSHALL HENSON, Construction defect claims manager, Nationwide Insurance Company. hensom4@nationwide.com BRIAN WILSHER, Director, claims program business, Amerisure Mutual Insurance Company. bwilsher@amerisure.com Editor’s Note: This is Part I of a two-part series on recruiting and retaining young talent in construction claims. Part II, focusing on retention strategies, will appear in the Summer 2026 issue. RECRUITING THE NEXT GENERATIONSPRING 2026 | 7 A n aging workforce, coupled with an industry struggling to generate interest among younger generations, is fueling a talent crisis in the construction claims industry. CLM spoke with some of its young professional members in the construc- tion sector about recruitment challenges and opportuni- ties for improvement. Q: What originally drew you into the construction claims sector, and what surprised you most about the industry? BRITTNEY AQUINO: I was originally brought into the construction claims area of law through my work in insurance coverage. When I first entered the industry, I was most surprised by the procedural operation of the cases and all the mechanisms employed in this area of law. Many other sectors operate in a less efficient way, and the use of specialized neutrals, management orders, and platforms to streamline litigation was impressive. CASEY FLYNN: Construction claims took me by sur- prise, but ultimately, it was the complexity that sold me. I love getting into the weeds! Also, when I have a tough day in claims, I am reminded of all the cool, tangible, innovative [projects] we’re building in construction, and I realize that everything is OK. I am a question-asker, so I have to say that the most surprising thing was the willingness of everyone around me to entertain those questions and answer thoughtfully. I am surrounded by people who are passionate about their craft and eager to educate. I find that to be a great motivator. MARSHALL HENSON: As a claims professional, what drove me to the construction side of the industry was the complexity and variety it offered. I started in personal lines bodily injury, handling smaller but more emo- tionally charged claims…but it became repetitive. In construction defect (CD), you need to understand the entire puzzle and how you fit into it. There are infinitely more strategies and tactics that can be taken depending on who you are defending. Construction-defect claims are cerebral and strategic, and I love this about my role. BRIAN WILSHER: I was originally drawn in because it seemed very coverage-heavy, and I enjoyed that aspect of 8 | CONSTRUCTION CLAIMS TheCLM.org/Magazine claims the most. The biggest surprise was how “small” the CD world is. I would see mostly the same group of people at nearly every mediation. Q: What do you feel the industry does well to recruit new talent to construction claims? In what ways do efforts fall short? AQUINO: The construction claims indus- try excels in uniquely blending multiple disciplines and experts in specialized subsets of construction and offers well- defined roles. There is a solid structure and clear progression from entry-level to senior technical or leadership positions, which is a compelling draw. This clarity helps attract graduates and professionals from adjacent fields because they see where they can grow. The industry also benefits from active professional communities that support talent pipelines, more so than other areas of claims or litigation. This expansive support network offers men- torship and engagement that brings in students and new professionals begin- ning their careers. However, the construction claims industry would benefit from more trans- parency and visibility as a potential career path. Many professionals only discover construction after years in construction or law, which shrinks the early-career talent pool. FLYNN: The claims industry in general promises a stable career with opportunities for growth in various insurance-related fields. My answer to the second question is always going to be education. New profes- sionals need to feel like they have the resources and training to approach the challenges that claims bring, especially as their co-workers with decades of institutional knowledge retire in droves. We don’t have to accept baptism by fire as initiation into claims. HENSON: At times, we do well when we work closely with other business groups like general liability (GL) claims or environmental claims; however, I think we suffer when we do not get to show off what we do. CD is very complex and, often, this can be intimidating to a claims job seeker. I think we need to do a better job of advertising the cerebral and versatile nature of CD and communicate that it is a role that is far less repetitive than some other claims roles. And, more than that, critical thinking is regularly rewarded in CD, as this work is very coverage heavy. WILSHER: I think the industry overall is very welcoming, but otherwise it can be hard to transition into this type of work without a supportive carrier will- ing to train young professionals. There are very few programs dedicated to training, but a special mention should go to the group at the CLM Claims Col- lege - School of Construction. Q: What factors might lead a young professional to hesitate to join the construction claims industry? AQUINO: There is an underinvestment in soft-skills development, including client communication, negotiation and presentation, and writing for persuasion. These soft skills matter deeply to younger talent evaluating long-term growth when choosing their prospective career fields. Further, while there are ample oppor- tunities for solid mentoring, the mentor- ship can be disseminated inconsistently. Much of the industry relies on somewhat antiquated models of teaching and hesi- tates to embrace more innovative ways, which may leave younger professionals feeling unsupported. FLYNN: I think claims, in general, have a reputation for being overwhelming, so I caution young professionals to be wary of burnout. I also never knew about the variety of careers within claims until I stumbled into it, so perhaps unfamiliarity might also provide hesitation. HENSON: I think some adjusters might be hesitant to jump to construction claims as they may believe they need extensive knowledge of construction. That isn’t true at first, as you learn these things as you go and learn from your experts. We should attract, but also telegraph that construc- tion claims are like an apprenticeship, and we will teach the ropes where the stakes are low and ease our people into the higher-stakes situations. WILSHER: Unless they have a mentor or some exposure to the industry, it can seem like a big jump to go from a general auto/GL desk to a more CD-focused desk. Support, or lack thereof, will make all the difference. Q: How could the industry reach more potential recruits than it does currently? Do you feel the industry could benefit from recruiting from different venues than it traditionally does? If so, what might that look like? AQUINO: More significant efforts to earnestly recruit students could benefit the industry, including guest lectures and introductory courses or modules on con- struction disputes and claims. Approach- ing non-traditional recruiting venues with high potential, such as engineering and STEM programs, would expand the community and support diversity and creativity in the field. There is also value in focusing on under-targeted fields with relevant experi- ence, especially those burned out by on- site work. There would likely be a benefit in focusing recruitment through digital platforms that appeal to fresh talent and using those platforms to provide direct and focused explanations of what claims professionals do. FLYNN: It seems to me that no one aspires to work in claims the same way Recruiting the Next GenerationSPRING 2026 | 9 they do for accounting, medicine, public service, etc. I think we need to show young people it is an option in the first place while highlighting the perks that we have all come to appreciate: flexibility, growth, and work-life balance. HENSON: Internally, I think CD and construction claims thrive in terms of recruiting when they are holding regular roundtables and mentorship programs geared toward interested adjusters. Both provide exposure to the industry without creating pressure. Mentorship programs can introduce adjusters to CD and create natural transitions. WILSHER: The industry could widen the talent pool by opening itself up to people with first party property, auto, or other backgrounds, but it all goes back to training resources. The wider the net we cast, the more likely it is that there will be a big jump required in technical insurance expertise. That said, people who know construction through other experience might be able to make up for the lack of technical knowledge on the insurance side. Q: How would you describe the construction claims industry to a young professional considering this career path? What advice would you impart to them? AQUINO: Construction claims and litigation are where engineering, law, and strategy collide, and where sharp thinkers can build rare, transferable skills while working on disputes that shape the built world. The job is part investigator, part analyst, and part storyteller. While it is demanding work that requires accuracy and precision, it is also rewarding, intellectually engaging, and rarely repetitive. This is a field where competence shows, and profession- als who communicate well often earn responsibility early. In terms of advice, I believe that building direct communication skills and engaging with solid mentorship early cre- ate a pathway to success and fulfillment. Being observant and asking for feedback will go a long way. FLYNN: Exciting! Every day, you’re learn- ing. I’d tell them that a career in construc- tion claims can be incredibly rewarding if you let it. Ask questions, get to the “why,” and find some great mentors. People want to see you succeed. I’d also emphasize the importance of humanizing the work: Remember that every facet of a claim has a real impact on a real person or com- pany. You may be affecting someone’s life in a significant way—don’t take that for granted. Let this inspire you to get to the bottom of it. HENSON: My advice would be to seek out a construction role you want with a leader that you click with. Leader- ship is just as important as the work. I would look for a reputable carrier in the construction space with dynamic leaders who are effective at teaching and coach- ing. Your relationship with leadership will have a large impact on your experi- ence and in how quickly you pick up the workflow. WILSHER: This world tends to move a touch slower than, say, the auto in- jury claims world, and generally is very focused on both coverage and litigation. You must enjoy the challenge and com- plexity associated with this type of work. My advice would be to take your time to make sure you understand the factors that go into each decision, and to not be shy to ask questions. Q: What misconceptions should the construction claims industry work to correct when recruiting new talent? AQUINO: There is a misconception that construction claims and litigation are for- mulaic and uncreative. Good claims work is analytical, strategic, and innovative. The field is attractive because it offers autono- my, intellectual challenge, and influence. There is also a perception that claims and litigation in this field are contentious or hostile, but CD is more analytical than combative. Much of the work is about risk mitigation, identifying causation, analyz- ing exposure, and early dispute resolution. Finally, there is a misconception that the construction industry is not tech-savvy or innovative. The industry is evolving and needs tech-literate pro- fessionals to lead that evolution, which is a big draw for younger professionals just starting out. FLYNN: Attorney advertising can make it seem like adjusters and insurers are some miserable curmudgeons looking to deny, deny, deny from their ivory tower. Yes, some claims must be denied and some among us have become jaded by the bar- rage of negativity in claims. Still, I believe most in this industry want the aggrieved to be fairly compensated for their loss. I’d like to see a broader recognition that leading with empathy is at least part of achieving more meaningful outcomes. Let’s work together. HENSON: CD and GL claims range from painter claims and line strikes to huge multiparty, multimillion-dollar CD lawsuits. The construction space is often described as intimidatingly complex; however, I would argue against this. Con- struction claims offer the adjuster every available level of complexity. We love to teach, and we love it when you have a thirst to learn. WILSHER: I’ve heard some say that this work is boring or that once you move into CD you can be “stuck” in this world. I’ll admit that this type of work isn’t for everyone, but it is far from boring. The industry should highlight the truly complex issues that we work with every day and how that work translates to other claim types and professional growth. K Angela Sabarese is associate editor of CLM. angela.sabarese@theclm.org Recruiting the Next GenerationNext >