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Construction Updates

Read need-to-know updates, commentary, and analysis on Construction issues written by leading professionals.
BCLP

How Will the Newly Created NISTA Accelerate Infrastructure Delivery?

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Between 2015-2025 the National Infrastructure Commission (NIC) carried out an important function in assessing the UK’s long-term infrastructure needs, setting the infrastructure agenda and providing independent advice to the...more

Beveridge & Diamond PC

Washington’s Draft 2026 Construction Stormwater General Permit Out for Public Comment

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Key Takeaways - What is Happening? The Washington State Department of Ecology (Ecology) published for public comment its proposed 2026 Construction Stormwater General Permit (CSWGP), which authorizes stormwater discharges...more

Hogan Lovells

UK Building Safety Levy coming into force in Autumn 2026

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Key takeaways The Building Safety Levy will come into effect in Autumn 2026. The Building Safety Act 2022 gave the government the power to impose a building safety levy on new residential buildings requiring certain building...more

Beveridge & Diamond PC

One of EPA’s First Attempts to Implement San Franscico v. EPA: Modifications to EPA’s 2022 Construction General Permit

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Key Takeaways - What Happened? The U.S. Environmental Protection Agency (EPA) issued a final modification to its 2022 Construction General Permit (CGP) to expand the list of areas eligible for coverage to include...more

BCLP

"Battle of the Forms” in the Hong Kong Construction Industry

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What lawyers call a “battle of the forms” occurs when two parties, negotiating a contract, exchange conflicting standard terms during the contract negotiation and formation. This leads to the obvious and not uncommon dilemma:...more

BCLP

Does “Back to Back” Mean “Pay When Paid” in Construction Contracts?

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In Sze Fung Engineering Limited v Trevi Construction Company Limited [2025] HKCA 278, the Hong Kong Court of Appeal (“CA”) ruled that the “back to back” wording in that case was not a “pay when paid” clause, but governed only...more

White and Williams LLP

Top Developments: 2025 - Issue 2

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Bob Robison Com. Flooring Inc. v. RLI Ins. Co., 2025 U.S. App. LEXIS 6369 (8th Cir., Mar. 19, 2025) - Eighth Circuit, predicting Arkansas law, concludes that an ensuing loss exception to a “Defects, Errors, Or Omissions”...more

Mayer Brown

Ask Not for Whom the Bell (Didn’t) Toll: Landlord’s Possession Claim Under Redevelopment Ground (F) Did Not Chime With the County...

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INTRODUCTION - A county court case - Spirit Pub Company v Pridewell Properties - has provided an interesting illustration as to how courts are looking at applications under the Landlord & Tenant Act 1954 (the “Act”).   It...more

BCLP

Does Without Prejudice Privilege Apply to Reports Prepared by Third Parties?

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The without prejudice (“WP”) rule generally prevents statements made in a genuine attempt to settle an existing dispute from being put before the court as evidence. Usually, these statements are made in communications between...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Stormwater Enforcement: Mississippi Commission on Environmental Quality and Tupelo Construction Project Owner Enter into Agreed...

The Mississippi Commission on Environmental Quality (“MCEQ”) and JS, LLC (“JS”) entered into a February 19th Agreed Order (“AO”) addressing alleged violations of a Construction Stormwater General Permit. See Order No. 7459...more

Nelson Mullins Riley & Scarborough LLP

Avoiding Contract Conflicts: Five Key AIA Provisions to Align with Lease Agreements

This article continues a series offering practical guidance to developers, owners, and project teams on how to proactively harmonize American Institute of Architects (AIA) construction documents with the broader contractual...more

Jackson Walker

Understanding “Action Over” Claims and Third-Party Over Indemnity

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An “action over” (also called a “third-party over action”) is a type of legal action (lawsuit or arbitration) in which an injured employee, after collecting workers’ compensation benefits from his employer, files a tort claim...more

Porter Hedges LLP

How do you solve a problem like a tariff? Understanding and addressing tariff risks in construction contracts.

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Since February 2025, numerous tariffs affecting the construction industry have been announced, imposed, and paused. These tariffs present a problem for parties drafting and negotiating construction contracts—namely how to...more

MG+M The Law Firm

Florida Appeals Court Clarifies Timing for Damages in a Breach of a Construction Contract

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In the case of Bandklayder Dev., LLC v. Sabga, No. 3D23-1906, 2025 WL 15275 (Fla. Dist. Ct. App. Jan. 2, 2025), a Florida Appeals Court followed established Florida precedent holding that damages for a breach of construction...more

Conn Kavanaugh

Insurance Considerations for Construction Projects

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“Acme General Contracting, LLC: Licensed and insured!” If you’ve ever retained a home-improvement contractor, you’ve almost certainly received enthusiastic assurances that he or she is “licensed and insured.” But what...more

PilieroMazza PLLC

Top 10 Killer Construction Contract Clauses, Part 1: No Damages for Delay

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Those familiar with the construction industry know that construction projects are seldom, if ever, completed within the time originally anticipated at the project’s outset. Fortunately, prime contractors and lower-tier...more

Frantz Ward LLP

Examining the Impact of Anti-DEI Executive Orders on Anti-Bias Clauses

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Over the past few years, there’s been a steady rise in the inclusion of anti-bias clauses in construction contracts with the clauses appearing either in the base subcontract agreement or as a flow-down provision from the...more

BCLP

Reminder of the Principles of Assignment

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In this Insight, Katharine Tulloch takes a look at the case of Grove Construction (London) Limited v Bagshot Manor Limited [2025] EWHC 591 (TCC) which provides a welcome reminder of the care which should be taken when...more

Nelson Mullins Riley & Scarborough LLP

Avoiding Contract Conflicts: 5 Key AIA Provisions to Align with Loan Documents

When negotiating construction contracts, attorneys often focus on the American Institute of Architects (AIA) A201-2017 General Conditions, a widely used standard in the industry. However, construction loan agreements, drafted...more

Bradley Arant Boult Cummings LLP

Mistake No. 10 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Not Treating Your Arbitrator Like Santa

I have practiced law for 40 years with the vast majority as a “construction” lawyer. I have seen great… and bad… construction lawyering, both when representing a party and when serving over 300 times as a mediator or...more

Lasher Holzapfel Sperry & Ebberson PLLC

Navigating Technical Terminology in Residential Construction Contracts

Residential construction contracts will often contain technical terms or jargon that leave many homeowners with uncertainty. Homeowners should be cautious of implicitly agreeing to language they do not understand when...more

Stoel Rives LLP

Bricks And Bots: AI Technologies’ Growing Impact On Construction

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Seemingly everywhere you look, there are stories about how the increased adoption and use of artificial intelligence (AI) technologies is changing the way industries operate. The construction industry is no exception, and...more

Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] From Violation to Deposition: The Legal Aftermath of an OSHA Incident - May 6th, 12:00 pm - 1:00 pm ET

For Construction Safety Week 2025, join Cohen Seglias and Signature Safety for a timely webinar that examines what happens when a jobsite safety incident leads to an OSHA violation—and ultimately, a deposition. In this...more

Downey Brand LLP

Dismantling BRIC, Brick By Brick

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Several years ago, many of us were stunned to learn how much funding would run through FEMA’s BRIC program (Building Resilient Infrastructure and Communities). Traditionally, significant money only ran through the U.S. Army...more

White and Williams LLP

In Texas, a Certificate of Merit Must Address the Conduct of Each Defendant Specifically  

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In Ryan Eng’g, Inc. v. Mond Homeowners Ass’n, Inc., No. 14-23-00960-CV, 2025 Tex. App. LEXIS 1681, the Court of Appeals of Texas (Court of Appeals) affirmed a trial court ruling denying the Motion to Dismiss of defendant Ryan...more

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