Construction disputes often arise from long-running projects involving multiple participants with varying roles governed by their separate contracts. Those contracts frequently contain inconsistent dispute resolution...more
On March 4, the U.S. Court of International Trade (CIT) issued an order (the CIT Order) directing U.S. Customs and Border Protection (CBP) to disregard tariffs imposed under the International Emergency Economic Powers Act...more
3/6/2026
/ Appeals ,
Constitutional Challenges ,
Court of International Trade ,
Customs and Border Protection ,
International Emergency Economic Powers Act (IEEPA) ,
Lack of Authority ,
Learning Resources Inc v Trump ,
Refunds ,
SCOTUS ,
Tariffs ,
Trade Relations ,
Trump Administration ,
Trump v VOS Selections ,
US Trade Policies
The Trump administration is expected to call on major U.S. technology companies and data center developers to voluntarily commit to a compact designed to ensure power-needy data centers do not raise household electricity...more
2/26/2026
/ Artificial Intelligence ,
Corporate Counsel ,
Data Centers ,
Energy Costs ,
Energy Policy ,
Infrastructure ,
Interconnections ,
Popular ,
Power Grid ,
Power Infrastructure ,
Proposed Legislation ,
Regulatory Requirements ,
Risk Management ,
State and Local Government ,
Supply and Demand ,
Trump Administration
On February 20, the Supreme Court of the United States held that the president lacks authority under the International Emergency Economic Powers Act (IEEPA) to impose tariffs. The decision invalidates duties imposed pursuant...more
2/25/2026
/ Constitutional Challenges ,
Court of International Trade ,
Customs and Border Protection ,
Executive Orders ,
Harmonized Tariff Schedule of the United States (HTSUS) ,
Imports ,
International Emergency Economic Powers Act (IEEPA) ,
Learning Resources Inc v Trump ,
SCOTUS ,
Section 232 ,
Section 301 ,
Statutory Interpretation ,
Tariffs ,
Trade Act of 1974 ,
Trade Expansion Act of 1962 ,
Trump Administration ,
Trump v VOS Selections
The U.S. Environmental Protection Agency (EPA) has expressed its intent to propose a rule to revise the regulatory definition of “begin actual construction” under the Clean Air Act’s (CAA) New Source Review (NSR)...more
1/13/2026
/ Artificial Intelligence ,
Clean Air Act ,
Construction Industry ,
Construction Permits ,
Construction Project ,
Data Centers ,
Energy Sector ,
Environmental Protection Agency (EPA) ,
Infrastructure ,
NSR ,
Permits ,
Proposed Rules ,
Regulatory Reform ,
Rulemaking Process ,
Statutory Interpretation
A recent federal court decision is an important reminder for construction industry professionals about the precise language needed to make mediation a mandatory step before litigation. On November 18, 2025, the U.S. District...more
12/23/2025
/ Condition Precedent ,
Construction Contracts ,
Construction Disputes ,
Construction Industry ,
Construction Litigation ,
Contract Disputes ,
Contract Drafting ,
Contract Interpretation ,
Contract Terms ,
Dispute Resolution ,
Dispute Resolution Clauses ,
General Contractors ,
Mediation ,
Subcontractors
On October 23, the Pennsylvania Supreme Court decided Yoder v. McCarthy Const. Inc., addressing statutory employer immunity in the context of a construction project under the Pennsylvania Workers’ Compensation Act. The...more
11/24/2025
/ Appeals ,
Appellate Courts ,
Construction Industry ,
Construction Litigation ,
Employer Liability Issues ,
General Contractors ,
Negligence ,
PA Supreme Court ,
Pennsylvania ,
Statutory Immunity ,
Statutory Interpretation ,
Subcontractors ,
Workers Compensation Act ,
Workers’ Compensation
The explosive growth of artificial intelligence (AI) is transforming U.S. data center construction, creating new opportunities and challenges across the construction, energy, and technology sectors. Demand for digital...more
10/21/2025
/ Artificial Intelligence ,
Construction Project ,
Data Centers ,
Department of Energy (DOE) ,
Energy Policy ,
FERC ,
Infrastructure ,
Permits ,
Power Grid ,
Regulatory Reform ,
Supply Chain
The Pennsylvania Court of Common Pleas deemed a design-build construction contract void for failure to comply with a provision of the Architects Licensure Law that requires a design-build contract to name the architectural...more
9/24/2025
/ Architects ,
Construction Contracts ,
Construction Industry ,
Construction Project ,
Contract Disputes ,
Design-Build ,
Enforcement Actions ,
Licenses ,
Pennsylvania ,
Regulatory Requirements ,
State and Local Government ,
Statutory Interpretation ,
Statutory Requirements
Pennsylvania’s statute of repose, enacted in 1976, has long provided construction industry participants with finality by barring claims related to construction defects raised more than 12 years after the completion of...more
9/5/2025
/ Appellate Courts ,
Building Permits ,
Construction Defects ,
Construction Disputes ,
Construction Litigation ,
Construction Project ,
Liability Insurance ,
PA Supreme Court ,
Pennsylvania ,
Real Estate Development ,
Risk Management ,
Statute of Repose ,
Statutory Interpretation
On August 29, 2025, the U.S. Court of Appeals for the Federal Circuit affirmed a ruling by the U.S. Court of International Trade, holding that President Trump overstepped the authority provided by Congress under the...more
9/3/2025
/ Appeals ,
Canada ,
China ,
Constitutional Challenges ,
Foreign Policy ,
Foreign Relations ,
International Emergency Economic Powers Act (IEEPA) ,
Mexico ,
SCOTUS ,
Tariffs ,
Trump Administration ,
US Trade Policies
In 2024, the solar energy generation industry experienced its largest-ever annual rise globally, fueled by China’s 44% solar output boost from January to November 2024. ...more
2/12/2025
/ Anti-Dumping Duty ,
Biden Administration ,
China ,
Clean Energy ,
Countervailing Duties ,
Inflation Reduction Act (IRA) ,
International Trade ,
Photovoltaic ,
Renewable Energy ,
Section 201 ,
Solar Energy ,
Solar Panels ,
Supply Chain ,
Tariffs ,
Trump Administration ,
USTR
In 2024, the solar energy generation industry experienced its largest-ever annual rise globally, fueled by China’s 44% solar output boost from January to November 2024....more
2/11/2025
/ Biden Administration ,
China ,
Clean Energy ,
Energy Sector ,
Imports ,
Inflation Reduction Act (IRA) ,
Infrastructure ,
Photovoltaic ,
Renewable Energy ,
Solar Energy ,
Solar Panels ,
Supply Chain ,
Tariffs ,
Trade Relations ,
Uyghur Forced Labor Prevention Act (UFLPA)
This article summarizes the current landscape in Pennsylvania and California as COVID-19 restrictions are lifted, and highlights important considerations for employers in the construction industry in relation to vaccines and...more
The COVID-19 pandemic continues to impact the construction industry, and many countries continue to implement new or more stringent restrictions on entry into their borders. Those travel restrictions can impact any company...more
On June 8, 2020, Level 10 Construction, LP (“Level 10”), a construction company hired by Sea World San Diego (“Sea World”), filed a Complaint in California federal court alleging that Sea World is withholding over $3.2...more
7/9/2020
/ Breach of Contract ,
Business Closures ,
Business Disruption ,
Construction Contracts ,
Construction Litigation ,
Contract Terms ,
Coronavirus/COVID-19 ,
Failure To Pay ,
Force Majeure Clause ,
Payment Terms ,
Real Estate Development ,
SeaWorld
The United States Civilian Board of Contract Appeals (the “Board”) recently issued a decision that may be particularly pertinent in light of the COVID-19 pandemic. In Pernix Serka Joint Venture v. Department of State,1 the...more
As the wave of reopening orders sweeps across the country, businesses see a light at the end of the tunnel. That light, however, in many instances is still yellow, and may be so for some time to come. ...more
6/12/2020
/ Act of God ,
Best Practices ,
Business Disputes ,
Business Interruption ,
Construction Project ,
Contract Terms ,
Force Majeure Clause ,
Notice Requirements ,
Performance Standards ,
Real Estate Development ,
Suppliers ,
Supply Chain ,
Triggering Event
On April 20, Pennsylvania Gov. Tom Wolf amended his March 19, 2020 Order Regarding the Closure of All Businesses That Are Not Life Sustaining. Under the previous order, construction was permitted to continue only if the...more
4/24/2020
/ Business Closures ,
Business Interruption ,
Construction Project ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Emergency Management Plans ,
Operators of Essential Services ,
Real Estate Development ,
State and Local Government ,
Transitional Arrangements ,
Urban Planning & Development
On April 20, Pennsylvania Gov. Tom Wolf amended his March 19, 2020 Order Regarding the Closure of All Businesses That Are Not Life Sustaining. Under the previous order, construction was permitted to continue only if the...more
4/22/2020
/ Business Closures ,
Business Interruption ,
Construction Project ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Emergency Management Plans ,
Executive Orders ,
Municipalities ,
Operators of Essential Services ,
Real Estate Development ,
State and Local Government ,
Urban Planning & Development
Much has been written about whether and how COVID-19 qualifies as a force majeure event. But typical force majeure provisions entitle contractors to only schedule relief. ...more
COVID-19 has created a severe disruption to the construction industry. Certain jurisdictions, including Boston, San Francisco and Pennsylvania, have placed restrictions on construction projects deemed “nonessential” and...more