Bridging the Gap

National Arbitrator and Mediator

Construction and Insurance Claims

Speaking and Writing

Clifford has published numerous articles regarding arbitration, mediation and construction claims, and he speaks often about how best to resolve disputes short of trial. Clifford's articles about insurance coverage for construction claims have been cited and quoted by courts throughout the United States, including several state supreme courts. Some of these cases are listed below:

  • Acuity, a Mutual Insurance Company v. M/I Homes of Chi., LLC, 2023 Ill. LEXIS 1019 (Ill. Nov. 30, 2023) (major change to Illinois law; amicus brief author)

  • K&L Homes, Inc. v. American Family Mutual Ins. Co., 829 N.W.2d 724 (N. Dakota Sup. Ct. 2013) (majority decision; prior law overruled)

  • Westfield Ins. Co. v. Custom Agri. Sys., Inc., 979 N.E.2d 269 (Ohio Sup. Ct. 2012) (dissenting opinion)

  • Greystone Construction, Inc. v. National Fire & Marine Ins. Co., 661 F.3d 1272 (10th Cir. 2011) (applying Colorado law)

  • Sheehan Construction Company, Inc. v. Continental Insurance Company, 935 N.E.2d 160 (Ind. Sup. Ct. 2010) (majority decision; prior law overruled)

  • United States Fire Ins. Co. v. J.S.U.B., 979 So. 2d 871, 886 n.9 (Fla. 2007)

  • Lee Builders, Inc. v. Farm Bureau Mutual Ins. Co., 137 P.2d 486, 491-494 (Kan. Sup. Ct. 2006)

  • Lennar Corp. v. Great American Ins. Co., 200 S.W.3d 651, 672-673 (Tex. App. 2006)

  • General Security Indemnity Co. of Arizona v. Mountain States Mutual Cas. Co., 205 P.3d 529 (ColoApp2009)

More Speaking and Writing

May 20, 2025

Presentation to the Society of Illinois Construction Attorneys - The Neutral Speaks - Do’s And Don’ts In Arbitration and Mediation

February 14, 2025

Presentation at the Annual Meeting of the American College of Construction Lawyers - Third Party Discovery Issues In Arbitration. (St. Petersburg, FL)

December 10, 2024

Chicago Bar Association - Guided Mediation Or Best Practices For Modern Construction Mediations (Chicago, IL)

September 6, 2024

“Tool Box Talk” Presentation to Division 1 of the ABA Forum On Construction - Guided Mediation And Best Practices For Mediating Complex Construction Claims

February 2, 2023

Panel presentation to the Chicago Bar Association - How Best To Start Up and Thrive With A Mediation Practice.

December 8, 2022

Will Work For Food Presentation: "How To Mediate Construction Defect Claims That Involve Insurance Coverage Issues.” Presentation presented at no cost and in support of attendees making donations to the The Greater Chicago Food Depository.

March 23, 2021

Guest Lecture to graduate school construction seminar at The University of Miami - An Introduction To Liability Insurance for Construction Defect Claims.

December 11, 2020

National presentation on behalf of the Barnes & Thornburg Construction Law Practice Group - Living In A Virtual World: Best Practices For Construction Mediations and Arbitrations.

November 11, 2020

Presentation at the Kentucky Construction Law Institute - How To Resolve Complex Construction Disputes And The Important Role of Insurance Coverage.

October 22, 2020

Presentation at the annual meeting of the American College of Construction Lawyers - The Arbitrator’s Role In Protecting The Integrity Of Virtual Hearings.

May 20, 2020

Featured speaker at an American Arbitration Association (AAA) seminar - Virtual Hearings Q&A Including Best Practices For Virtual Hearings.

December 8, 2020

Featured speaker at presentation to the Chicago Bar Association Construction Law and Mechanics Lien Subcommittee - How To Resolve Complex Construction Disputes And The Important Role of Insurance Coverage.

August 27, 2020

In-House Counsel Presentation to Michael Baker International - Legal and Ethical Issues That Arise In Construction Claims.

April 3, 2020

ALI-CLE webinar presentation - COVID 19 and the Construction Project: Key Contract and Insurance Issues.

May 8, 2019

Featured panel speaker at plenary session of the annual meeting of the American College of Coverage Counsel - The Art of Negotiation and Mediation: Are There Ethics In Poker? (Chicago, IL)

April 28, 2017

Panel presentation at the ABA Tort Trial and Insurance Practice Section (TIPS) annual conference in Chicago - The Art of Mediation.

November 2020

Publication of Clifford Shapiro’s 2020 Update to the 50 State Survey for the Threshold “Occurrence” Issue For Construction Defect Insurance Coverage.

August 11, 2020

Interviewed by Professor Amy Schmitz for The Arbitration Conversation - Arbitrating The Complex Construction Defect Claim.. The interview can be seen at https://youtu.be/3wki0Ic8RUU.

March 31, 2020

Presentation by the Barnes & Thornburg Construction Law Practice Group - COVID-19 and Construction: Key Contract and Other Legal Issues Implicated By The Pandemic..

December 2018

Publication of article: The Illinois Supreme Court Reverses 35 Years Of Precedent Regarding Homeowners’ Implied Warranty Of Habitability. The article discusses Sienna Court Condominium Association v. Champion Aluminum Corporation.

April 28, 2016

Featured speaker before 600 attendees at the 40th annual meeting of the ABA Forum on Construction - Reprise Of The Best Presentations During The Forum’s 40 Years: Insurance Coverage For Construction Defect Claims. (Nashville, TN)