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

New York Amends “Prompt Payment Act” to Limit Retainage

Smith Gambrell Russell on

On November 17, 2023, Governor Kathy Hochul signed Senate Bill 3539, which amended Section 756-a and Section 756-c of the New York General Business Law (commonly known as the Prompt Payment Act), which applies to all private...more

Goldberg Segalla

[Webinar] Labor Law Update: Fall 2023 - December 12th, 12:00 pm - 1:00 pm EST

Goldberg Segalla on

Goldberg Segalla partners Theodore W. Ucinski and Kelly A. McGee will discuss the basics of NY Labor Law §§ 240(1), 241(6), and 200, as well as recent cases of interest from the Court of Appeals and Appellate Division. This...more

Womble Bond Dickinson

How to Navigate Pitfalls in Major Projects

Womble Bond Dickinson on

Delivering major construction projects has always been challenging. The current global climate will necessitate more of these projects, while at the same time making their delivery more difficult. Understanding and mitigating...more

Porter Hedges LLP

The Sweeping Application of the Texas Construction Anti-Indemnity Act

Porter Hedges LLP on

Although generally known as the “Texas Construction Anti-Indemnity Act,” the sweep of Subchapter C of Chapter 151 of the Texas Insurance Code (the “TCAIA”) is much broader than its name would seem to suggest.[1] ...more

Troutman Pepper

Courthouse Reporter Series: The Bizarre Case That Required a 117-Year-Old Expert

Troutman Pepper on

Munro involved a dispute over the design of a Georgia intersection. No. A23A0404, 2023 WL 4194716 (Ga. Ct. App. June 27, 2023). The plaintiff alleged that the defendant improperly designed the intersection, never corrected...more

MG+M The Law Firm

Attorney General Issues New Regulations for Home Improvement Contracts

MG+M The Law Firm on

New regulations from the Delaware Attorney General’s Office require contractors to include specific cost, timing and warranty information in all home improvement contracts. Starting November 1, 2023, all contracts for home...more

Best Best & Krieger LLP

CARB Compliance for Construction Contractors

Best Best & Krieger LLP on

In November 2022, the California Air Resources Board (“CARB”) approved amendments to the In-Use Off-Road Diesel-Fueled Fleet regulations (“Regulations”), which impact construction contractors (“Contractors”) and take effect...more

Rivkin Radler LLP

Changes in NY Law Significantly Affect Retainage Withheld in Private Construction Contracts

Rivkin Radler LLP on

On Friday, November 17, 2023, Governor Hochul signed into law a bill which limits the retainage held on construction contracts for private improvements to 5% of the contract price from inception of the project – this applies...more

Frantz Ward LLP

Ohio Ninth District Tees Up a Third Opportunity for the Ohio Supreme Court to Decide Whether an Oral Hearing is Mandatory on...

Frantz Ward LLP on

Recently, in Snyder v. Old World Classics, LLC, 2023-Ohio-4019, Ohio’s Ninth District Court held that any motion to compel arbitration under Ohio Revised Code 2711.03 requires an oral hearing. This is contrary to opposing...more

Stoel Rives -  Ahead of Schedule

Don’t Let Disputed Change Orders Derail Your Construction Project

Change orders are a fact of life for construction projects. They can be challenging even when the owner and contractor agree on the scope, price, and schedule impacts associated with the change. Change orders are far more...more

Seyfarth Shaw LLP

Construction Industry Groups Challenge DOL’s New DBRA Regulations

Seyfarth Shaw LLP on

Less than a month after taking effect, the Department of Labor’s (“DOL”) broad changes to the regulations implementing Davis-Bacon and Related Acts (“DBRA”) are facing legal challenges in two federal courts. These newly-filed...more

White and Williams LLP

Don’t Spoil Me: Oklahoma District Court Rules Against Spoliation Sanctions

White and Williams LLP on

In Okla. Farm Bureau Mut. Ins. Co. v. Omega Flex, Inc., No. CIV-22-18-D, 2023 U.S. Dist. LEXIS 197755, the United States District Court for the Western District of Oklahoma (the District Court) determined spoliation sanctions...more

Whitcomb Selinsky, PC

Changes To Davis Bacon Act

Whitcomb Selinsky, PC on

In the document, there is a discussion about the recent updates made to the Davis-Bacon and Related Acts (DBRA) regulations. The Department of Labor (DOL) is the agency responsible for overseeing these regulations, with a...more

Clark Hill PLC

Potential Change for “Pay-if-Paid” and “Pay-when-Paid” Clauses in Michigan

Clark Hill PLC on

To understand the difference between the two contractual clauses, it is important for general contractors and subcontractors to know the following: A “pay-if-paid” clause makes payment of the general contractor by the owner...more

Nossaman LLP

Presentation at Right of Way Consultant’s Council Membership Meeting in Las Vegas

Nossaman LLP on

The Right of Way Consultant’s Council Membership Meeting took place in Downtown Las Vegas on November 3, 2023.  Having previously presented an eminent domain topic at the 2022 Membership Meeting, Steven Silva from Nossaman’s...more

Snell & Wilmer

A Contract Check Up for the Construction Industry

Snell & Wilmer on

We began the year discussing an insurance checkup for those working in the construction industry. Now, we are following up with a discussion of issues for a contract checkup, specifically for your ongoing long-term projects....more

Saiber LLC

The Saiber Construction Law Column: October/November 2023

Saiber LLC on

The duty to preserve litigation evidence arises when a party in possession of evidence knows that litigation by a party seeking the evidence is pending or probable, and the party in possession of the evidence can foresee the...more

Bryan Cave Leighton Paisner

Case Flags Risk of Unclear ADR Procedure

While main contract suites offer standard dispute resolution clauses, these are often amended in practice. A recent case gives a warning of what happens when such bespoke provisions are not clear. Originally published by...more

Ballard Spahr LLP

Indiana Department of Transportation Expands “Progressive” Alternative Project Delivery Methods

Ballard Spahr LLP on

The Indiana Department of Transportation (INDOT) rolled out its new statutorily authorized pilot progressive design-build (PDB) and construction manager/general contractor (CMGC) transportation infrastructure project delivery...more


Navigating The Five Phases in the Lifecycle of a Construction Project

Ankura on

This paper emphasizes the significance of risk and dispute management during the lifecycle of a construction project, highlighting how the early detection of issues can contribute to successful project outcomes. It emphasizes...more

Snell & Wilmer

Arbitration May Be Available Without An Express Direct Agreement in Utah

Snell & Wilmer on

Construction transactions are characterized by many contracts involving multiple parties. While the terms of the parties’ individual contracts generally govern their relationships, parties should be aware that, intentionally...more

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

Low-Embodied Carbon Materials/Federal Construction Projects: U.S. General Services Administration Announces $2 Billion Investment

The U.S. General Services Administration (“GSA”) issued a November 6th news release announcing a $2 billion investment for federal construction projects that use low-embodied carbon (“LEC”) materials. The LEC materials...more

Marshall Dennehey

Falling From a Scaffold in New York Can Be a Triable Issue of Fact Under Labor Law § 240

Marshall Dennehey on

Arizaga v. Lex Gardens II TP4 Hous. Dev. Fund Co., Inc., 78 Misc. 3d 1216(A), 185 N.Y.S.3d 646 (N.Y. Sup. Ct. 2023) - The plaintiff, a carpenter, was performing work on a scaffold when the planks of the scaffold lifted up,...more

Davis Wright Tremaine LLP

Building in 2024: Recent Oregon Legislative Changes Impacting the Construction Industry

As 2023 comes to a close, it is the perfect time to look back and review recent Oregon legislative changes that will impact the construction industry in the coming year. The 82nd Session of the Oregon Legislature...more

Snell & Wilmer

Being Pressured to Perform Changes without Signed Change Order? It’s Time to Review Claim Procedures in the Contract

Snell & Wilmer on

A recent unpublished opinion from the Washington Court of Appeals serves as a good reminder that contractors should carefully review their contract terms, especially when it becomes clear that there will be additional...more

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Updated: Dec 28, 2021:

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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