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Miller Nash LLP

Do Quantum Meruit Claims in Construction Exist Anymore?

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On November 13, 2025, the Oregon Court of Appeals published Seabold Construction Co., Inc. v. KOZ 2211 SW 4th Avenue, LLC, 344 Or App 688 (2025)—a decision that could signal the death knell for quantum meruit (unjust...more

Bracewell LLP

Managing Contractual Risk in Data Center Construction: 10 Key Questions Answered 

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Data center construction projects are among the most complex and high-stakes undertakings in the commercial real estate and technology sectors. ...more

Snell & Wilmer

California Appellate Court Reaffirms Subcontractor Substitution Statutory Requirements (Public Works)

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The California Transportation Agency awarded a contract to a construction joint venture (OC 405 Partners) for improvements to Interstate 405. OC 405 Partners then awarded subcontract work to Golden State Boring & Pipe...more

McGlinchey Stafford

Federal Agencies Unveil Revised WOTUS Rule That May Ease CWA Permitting

McGlinchey Stafford on

On November 20, 2025, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) issued a proposed rule to amend the regulatory definition of “waters of the United States” (WOTUS) under the...more

Tarter Krinsky & Drogin LLP

A Primer on Construction-Related Insurance Products

With increasing frequency, at Tarter Krinsky & Drogin, we find our attorneys assisting owners and developers in connection with assessing and procuring the necessary policies of insurance associated with their construction...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

OSHA’s 2024 ITA Data: What the Latest Injury and Illness Filings Reveal

The 2024 Injury Tracking Application (ITA) cycle marked a pivotal year for Occupational Safety and Health Administration (OSHA) recordkeeping and analytics. ...more

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

Stormwater Enforcement: Alabama Department of Environmental Management and St. Clair Developer Enter Into Consent Order

The Alabama Department of Environmental Management (“ADEM”) and Beaver Creek Partners, LLC (“BC”) entered into a November 6th Consent Order (“CO”) addressing alleged violations of a Construction NPDES General Permit. See...more

Snell & Wilmer

Unlock Your Cash Flow: Substituting Security for Retainage on Public Projects

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Retainage is a critical tool for public project owners to ensure satisfactory contractor performance. The maximum retainage rate for public projects typically ranges from 5% to 10%, depending on the contract value. For large...more

Lowndes

Proposed New Definition of the “Waters of the United States” – What May Change and Why It Matters

Lowndes on

The Environmental Protection Agency (EPA) and the Army Corps of Engineers have proposed revisions to the definition of the “waters of the United States” (WOTUS) in 90 Fed. Reg. 52498 (Nov. 20, 2025) to align with the U.S....more

Stikeman Elliott LLP

The Buy Ontario Act: A Shift in Ontario’s Approach to Public Procurement

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With the announcement of Bill 72, the Buy Ontario Act (Public Sector Procurement), 2025, the Government of Ontario is making it clear that domestic suppliers will be prioritized in public sector procurements moving forward....more

BCLP

New Towns Taskforce Report: An Ambitious Framework for New Homes in the UK

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The UK government has set itself an ambitious target for home building: 1.5 million new homes over the next Parliament with a target of 300,000 new homes per year. Originally published in PLC Construction - November 26,...more

Schwabe, Williamson & Wyatt PC

OP-ED: Oregon’s Evolving Wildfire Mitigation Standards

Since the devastating 2020 Labor Day wildfires, the Oregon Legislature has passed a range of laws to create fire-adapted communities. Originally published in the Oregon Daily Journal of Commerce - November 14, 2025....more

Snell & Wilmer

Idaho Supreme Court Clarifies the Scope of Idaho’s Contractor Registration Act and Mandatory Fee Shifting on Lien Foreclosure...

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The Idaho Contractor Registration Act (ICRA) imposes mandatory registration requirements on contractors operating within Idaho. Since January 1, 2006, it has been unlawful for any person to engage in the business of or hold...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Court of Appeal Affirms Strict Prevailing Wage Standards

On November 18, 2025, the California Court of Appeal, Fourth Appellate District, issued a published decision in Anton’s Services Inc. v. Hagen, affirming administrative findings and penalties against a contractor for...more

Baker Donelson

Automation and Artificial Intelligence in Construction: How to Capitalize on Technological Advancements While Mitigating Your Risk

Baker Donelson on

(1) The Good, the Bad, and the Ugly of Artificial Intelligence in Construction - The commercial construction industry is undergoing a seismic shift as artificial intelligence (AI) tools rapidly reshape how projects are...more

Bennett Jones LLP

Better Early Than Sorry: Strict Compliance Required for Lien Deadlines

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The Court of King’s Bench of Alberta's decision in The Micro Collective Inc v Hutterian Brethren Church of Tschetter (The Micro Collective), addresses the interplay between the "new" Prompt Payment and Construction Lien Act...more

Ward and Smith, P.A.

North Carolina Licensing Board for General Contractors' Recent Enforcement Priorities: Unlicensed Contracting

Ward and Smith, P.A. on

Due to the shortcomings of unscrupulous or underqualified contractors, the legislature sought to prescribe minimum standards for those performing construction work. The rules and regulations have changed over the years, with...more

Ankura

The Clock is Ticking: Managing Construction Schedule Risk Ahead of the 2028 Los Angeles Olympics

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In less than three years, Los Angeles will welcome the world to the 2028 Olympic and Paralympic Games. Over 15,000 athletes, tens of thousands of Games personnel, and millions of visitors will descend on Southern California,...more

Miller Nash LLP

USDOT Issues New DBE Renewal Rules: No More Automatic Race or Gender Presumptions to Qualify

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The U.S. Department of Transportation (USDOT) revised its Disadvantaged Business Enterprise (DBE) Program—effective October 3, 2025—to eliminate race- or gender-based presumptions of disadvantage and requiring individualized...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights, Issue 11, 2025

Welcome to our eleventh issue of The Site Report for 2025! In this edition, we address a wide variety of topics relevant to the construction industry: construction issues taking the stage in 2026; the uptick in merger and...more

Weintraub Tobin

Major Changes Coming to California Private Construction Projects in 2026: What You Need to Know

Weintraub Tobin on

California has enacted two significant reforms that will reshape private construction contracts starting January 1, 2026. These changes impact change-order payment procedures and retention limits, creating new compliance...more

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

Respiratory Protection Standard for Certain Types of Respirators/Medical Evaluation Requirements: American Road & Transportation...

The American Road & Transportation Builders Association and several other organizations submitted November 1st comments to the Occupational Safety and Health Administration’s (“OSHA”) addressing the following proposed rule: ...more

Nelson Mullins Riley & Scarborough LLP

FDOT Announces Small Business Growth Program Following DBE Program Updates

To all Florida public agencies that receive federal or FDOT funds for construction projects: On Thursday, November 20, 2025, the FDOT announced that next year it will begin implementation of a small business development...more

Pillsbury - Gravel2Gavel Construction & Real...

EPA and Army Corps Propose Revised Definition of “Waters of the United States”

For decades, the phrase “waters of the United States” (WOTUS) has dictated whether a wetland, stream, or pond falls within federal jurisdiction under the Clean Water Act (CWA). ...more

Mandelbaum Barrett PC

The Betterment Doctrine in New Jersey Construction Defect Litigation: What Property Owners and Contractors Need to Know

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When construction goes wrong, disputes over who pays for repair costs can quickly escalate into litigation.  The betterment doctrine may play a decisive role in limiting damages. Whether you are a property owner, developer,...more

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