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Frantz Ward LLP

Reminder from Recent Appellate Decisions: Contract Provisions Will Be Enforced as Written

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Parties to construction contracts sometimes will agree to onerous provisions, despite their inclination to object to them, with the thought of “how likely is that to occur?” Three recent court decisions highlight why parties...more

Venable LLP

New Immediate Expensing of Qualified Production Property Under I.R.C. § 168(n)

Venable LLP on

Nestled all snug in the many pages of the One Big Beautiful Bill Act is a new tax benefit that probably has not received the attention it deserves. New I.R.C. § 168(n) allows taxpayers to immediately expense the cost of...more

White and Williams LLP

Indiana Courts Favor ADR in Construction Disputes

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In Taylor Building Corp. of America v. Milton, No. 25A-PL-1290, 2025 Ind. App. LEXIS 367, homeowners Brett and Amanda Milton (collectively, the Miltons) contracted with Taylor Building Corp. (Taylor) to construct a home. The...more

Otten Johnson Robinson Neff + Ragonetti PC

The Economic Loss Rule and the Shifting Landscape of Construction Defect Law in Colorado

On April 21, 2025, the Colorado Supreme Court handed down its decision in Mid-Century Ins. Co. v. HIVE Construction. This case provided a further articulation of the Court’s interpretation of the economic loss rule, a legal...more

Mayer Brown

Cartel Investigations and Commitments: Old Problems, Novel Solutions?

Mayer Brown on

Across several recent cases, antitrust enforcers in Europe have demonstrated an increased willingness to consider novel solutions to close down investigations through commitments (without finding any illegal behaviour or...more

Haynes Boone

Putting the Genie Back in the Bottle: Irremediable Breaches and Contractual Termination Rights

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It is not uncommon in the energy and construction sectors - particularly in the offshore space - for one or possibly both parties to have a contractual termination right linked to whether a breach is “capable of remedy.”...more

Hogan Lovells

Nuclear Power: The Reliable Solution for Modern Energy Demands

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In a world seeking dependable, round-the-clock energy, nuclear power is experiencing a resurgence of interest due to its unmatched reliability and scale to meet growing demand. This renewal of interest represents a turnaround...more

Hogan Lovells

Germany – Real Estate Horizon Scanner Winter 2025/2026

Hogan Lovells on

The real estate industry is facing an eventful winter: from planned reforms to tenancy law and new digital processes for purchasing property to accelerated construction procedures and stricter sustainability requirements –...more

Womble Bond Dickinson

Critical Performance Guarantees in Data Center Construction Contracts – and Risk Mitigation Strategies

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As demand for hyperscale and colocation facilities accelerates, data center developers face increasing pressure to timely deliver projects that meet stringent reliability and operational benchmarks....more

Husch Blackwell LLP

Biogas Construction and Component Contracts: Digesting Performance, Uptime, and Full Wrap Guarantees

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Biogas and renewable natural gas (RNG) projects are unique in energy infrastructure. They blend complex mechanical systems with biological processes that are sensitive to variables like feedstock composition and availability,...more

Maynard Nexsen

Alabama Supreme Court Appellate Alert: Decision from December 5, 2025

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The Alabama Supreme Court issued its weekly release list on Friday, December 5th, which included one opinion of interest to the Alabama business community...more

Herbert Smith Freehills Kramer

Global Perspectives: Construction & Infrastructure Disputes

We are pleased to present this year's Global Perspectives: Construction & Infrastructure Disputes, featuring key insights and legal developments of 2025 from around the world, with significant implications for construction...more

Ankura

Harmonizing SCL D&D2 and AACE 29R-03: Complementary Frameworks for Forensic Delay Analysis in International Arbitration

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The Society of Construction Law Delay and Disruption Protocol 2nd Edition (SCL D&D2) and the Association for the Advancement of Cost Engineering Internation (AACEI) Forensic Schedule Analysis Recommended Practice (29R-03) are...more

Snell & Wilmer

Willful and Wanton Misconduct Not Exempt From the Economic Loss Rule in Colorado

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A recent Colorado Supreme Court decision further clarifies the scope of Colorado’s economic loss rule, which bars a party from pursuing tort claims when the alleged harm is purely economic and arises from a contractual...more

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

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