News & Analysis as of

Construction Professional Practice

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

Legal Developments in Construction Law: May 2026

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1. PROFESSIONAL NEGLIGENCE OF INDEPENDENT MONITORING SURVEYORS, DUTIES OWED AND ASSESSMENT OF DAMAGES - The recent case of Eiger Funding (PCC) Limited v Ridge and Partners LLP [2026] EWHC 609 (TCC) provides important...more

Miller Canfield

The AI Arbitrator Is Here: Are You Ready? Is Your Lawyer?

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It is often said that one of the main advantages of arbitration is that it is generally faster and less costly than litigation. But arbitration can still involve significant costs and time. Two new initiatives are testing...more

Saiber LLC

The Saiber Construction Law Column: April 2026

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To assert a claim for fraud in New Jersey, a plaintiff must show (1) a material misrepresentation of a presently existing or past fact, (2) knowledge or belief by the defendant of its falsity, (3) an intention that the other...more

Vinson & Elkins LLP

Build Now, Permit Later? What EPA’s Air Permitting Proposal Means for Data Centers and Major Projects

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Last fall, the Environmental Protection Agency (“EPA”) gave project developers a valuable thing in Clean Air Act permitting: a usable bright line....more

Kennedys

Construction Products Reform White Paper: a new era for safety

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The UK Government’s Construction Products Reform White Paper sets out a comprehensive programme to overhaul the regulatory framework governing construction products. Prompted by the Grenfell Tower Inquiry and subsequent...more

Phelps Dunbar

What Do You Need to Know About AI in Construction and How Do Contracts Help?

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Artificial intelligence (AI) tools are increasingly becoming part of everyday work in the construction field. Service providers are embracing AI tools for performing tasks ranging from design to project management. Even if...more

Hogan Lovells

The King's Speech 2026: What it means for UK construction

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Key Takeaways from the King's Speech 2026 for the Construction Industry, including planning reform, infrastructure investment, procurement, energy transition, and any other pertinent Bills or policy commitments. This article...more

Hinckley Allen

New Connecticut Workplace Legislation: What Employers Need to Know

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Connecticut employers, take note: sweeping workforce legislation was signed by Governor Ned Lamont on May 11, 2026, and the compliance clock is ticking. On April 29, 2026, the Connecticut House of Representatives passed...more

Kennedys

Court of Appeal reinforces substance over technicality in Pay Less Notices and clarifies the “residential occupier” exception

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The Court of Appeal has provided an important reminder that the courts will focus on commercial reality, rather than technical traps, when considering payment notices under the Housing Grants, Construction and Regeneration...more

J.S. Held

When and Where Do Code Upgrades Occur During a Structure's Renovation?

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Insurance claims professionals, coverage counsel, property insurers handling complex renovation or property loss claims, construction attorneys, forensic engineers, building owners, and risk managers involved in renovation...more

Adams & Reese

Florida HB 803: Beyond the $7,500 Exception

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HB 803, signed into law on May 7, 2026, exempts certain residential construction work valued under $7,500 from building permit requirements, effective July 1, 2026 - but the bill’s impact on Florida’s construction industry...more

DarrowEverett LLP

Florida's Live Local Act and YIGBY Form Unified Affordable Housing Strategy

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Florida's affordable housing crisis is not new, but the state's legislative response is becoming increasingly sophisticated. With Florida adding nearly 470,000 new residents in 2024 alone, the largest numeric gain of any...more

Nossaman LLP

America’s P3 Pulse Check

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The Global Infrastructure Investor Association (GIIA), together with the P3 Bulletin, has recently published its “P3 Report Card”, which grades the readiness of each State of the United States to improve its infrastructure...more

PilieroMazza PLLC

Contract Claims 101: Common Theories, Part 4

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Contractors working with federal agencies are governed by the Federal Acquisition Regulation (“FAR”), which has its own body of case law that controls recovery for legal disputes separate from traditional theories. When...more

Freeman Mathis & Gary

Federal pleading rules override State “Certificates of Merit”: What this means for design professionals

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The U.S. Supreme Court’s January 2026 decision in Berk v. Choy marks an important development in professional liability litigation with implications extending beyond medical malpractice. For architects, engineers, and other...more

Ankura

Uncertainties and Opportunities in the Middle East Construction Sector

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With the ongoing uncertainty in the Middle East entering its sixth week of conflict, there are understandably concerns across various sectors and the short to medium term outlook. Those sectors most immediately affected...more

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

Stormwater Enforcement/Construction: Colorado Department of Public Health & Environment Notice of Violation Addressing Larimer...

The Colorado Department of Public Health & Environment (“CDPHE”) issued on May 1st a Notice of Violation (“NOV”) to BC Brand Partners, LLC (“BC”) alleging violations of a Clean Water Act National Pollutant Discharge...more

Hogan Lovells

New UAE Civil Code: what the 1 June 2026 transition means for existing contracts

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From 1 June 2026, the new United Arab Emirates Civil Code ("the new UAE Civil Code") will come into force. The UAE Civil Code supersedes the 1985 version of the UAE Civil Code ("the old UAE Civil Code"), which many of our...more

Brownstein Hyatt Farber Schreck

Colorado Redevelopment Projects Face Impact Fee Exposure: Lessons from Carroll Partners

A recent Colorado appeals court decision clarifies and potentially expands upon when local governments can charge impact fees on development projects. In Carroll Partners LLC v. Board of Commissioners, the court ruled that...more

White and Williams LLP

Time Runs Against the King

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In Clearfield County v. Transystems Corp., No. 10 WAP 2025, 2026 Pa. LEXIS 774, Clearfield County (the County) filed suit against Transystems Corporation (Transystems Corp.) based on architectural and engineering plans for a...more

Hogan Lovells

A reminder of how hard it is to prevent pay-outs on English-law governed on-demand performance bonds

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This case summary gives practical steps for contractors and employers following the English Technology and Construction Court's reiteration that it is exceptionally difficult to injunct a bank from honouring an on-demand...more

Vinson & Elkins LLP

Powering Progress | Ep. 3 – The Fuel Behind the Future: How AI Gets Its Power

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Welcome back to Powering Progress, our series examining the infrastructure challenges behind the rapid expansion of AI and data center development. As demand for computing power grows, so does the need for reliable and...more

Vinson & Elkins LLP

Powering Progress | Ep. 2 – Financing at Scale: Structured Capital for AI and Data Center Portfolios

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Welcome back to Powering Progress, where we explore the legal and commercial frameworks powering the rapid growth of AI infrastructure and data centers. Behind every major data center development is a sophisticated capital...more

Davidoff Hutcher & Citron LLP

Venting, Grease Traps, and Noisy Neighbors

Every restaurant needs to cook, and cooking produces exhaust, grease, and noise. In New York City, the mechanical systems that handle these byproducts—venting, grease traps, and sound attenuation—are among the most expensive,...more

Freiberger Haber LLP

Mechanics’ Liens and Discharge Bonds

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Mechanics’ liens are powerful tools available to, inter alia, contractors, laborers and materialmen when they are not paid for their work in improving real property...more

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