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Construction Updates

Read need-to-know updates, commentary, and analysis on Construction issues written by leading professionals.
Mitchell, Williams, Selig, Gates & Woodyard,...

Waters of the United States/Clean Water Act: Associated General Contractors of America Comments Addressing Potential Revisions

The Association of General Contractors of America (“AGC”) submitted April 23rd comments to the United States Environmental Protection Agency and U.S. Army Corps of Engineers (“collectively, “EPA”) regarding potential...more

Littler

Oregon Enacts Landmark Law Making Owners and Contractors Liable for Subcontractor Wage Theft

Littler on

On June 9, 2025, Oregon enacted Senate Bill 426, a significant new law aimed at protecting construction workers from wage theft by imposing strict joint and several liability on both property owners and direct contractors for...more

JAMS

Bridging Cultures, Avoiding Disputes: Why Construction Needs Partnering Dialogue More Than Ever

JAMS on

Not long ago, I spoke with a general contractor on a multinational infrastructure project. “We had five nationalities on-site,” he said, “and six different ways of interpreting the same deadline.” He wasn’t exaggerating. ...more

Kerr Russell

Michigan’s Prompt Payment Act

Kerr Russell on

Like they warned us on Schoolhouse Rock, it is no easy feat for a bill to become enacted into law. Just ask the proposed “Prompt Pay” legislation that currently languishes in Michigan. By way of background, “Prompt Pay”...more

Davis Wright Tremaine LLP

Oregon Supreme Court Expands Meaning of "Accident" in Insurance Policy

Owners can trigger an insurance policy without formally alleging a tort claim if the contractor's defective work could support a tort claim. The Oregon decision may allow property owners to assert only a breach of...more

Troutman Pepper Locke

Will DBE Fraud Continue to Be Prosecuted? The Impact of the Kousisis Decision in the Shifting Affirmative Action Landscape

Troutman Pepper Locke on

On May 22, the Supreme Court in Kousisis, et al., v. United States, affirmed the convictions of a painting subcontractor and its owner (defendants) under the federal wire fraud statute for conspiring to defraud the Department...more

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

Minnesota State Contractors Must Use New MDHR Two-Part Annual Compliance Report Beginning July 1

In March 2025, the Minnesota Department of Human Rights (MDHR) updated its annual compliance report (ACR) without substantive changes. Two months later, the MDHR has issued a new two-part ACR with significant updates. ...more

Wiley Rein LLP

Coverage for Post-Tender Remediation Costs Precluded as Voluntary Payments Where Insured Admitted and Assumed Liability Before...

Wiley Rein LLP on

A federal district court, applying New York law, has held that a “voluntary payments provision” precluded coverage for an insured’s post-tender costs to remediate its engineering errors because the insured admitted and...more

Hinckley Allen

Changes to the Timing for Prompt Payment on All Connecticut State Contracts are Coming – Be Prepared

Hinckley Allen on

Connecticut’s prompt payment requirements for state contracts are about to change. The Connecticut General Assembly approved the new state budget bill (House Bill 7287), which includes a significant change to Connecticut’s...more

Bradley Arant Boult Cummings LLP

Bidders Beware! Design-Builders Are at Risk Not Only for Defective Design Documents, But Possibly for Defective Bidding Documents,...

Historically, the Boards of Contract Appeals and Courts have reviewed design-builders’ reliance on government-provided conceptual drawings or bridging documents in support of constructive change claims under a reasonableness...more

Cole Schotz

NYC City Council Takes Aim at Overabundance of Sidewalk Sheds

Cole Schotz on

That New York City, in particular Manhattan, is awash in sidewalk sheds is news to no one. This spring, the New York City Council passed several new bills with the intention of curtailing the number of sheds, as more than...more

McGlinchey Stafford

SCOTUS Reins in NEPA Scope in Seven County

McGlinchey Stafford on

In a landmark ruling issued May 29, 2025, the U.S. Supreme Court unanimously reversed the D.C. Circuit in Seven County Infrastructure Coalition v. Eagle County, Colorado, sharply limiting the scope of environmental review...more

BCLP

Construction Industry Participants Beware: CISG and CISOP and Their Impact on Overseas Procurement

BCLP on

It is common for construction industry participants to source various machinery, materials or components from overseas for construction projects in Hong Kong, or to have part of the construction and fabrication or assembly...more

Goldberg Segalla

Defendant Contractor’s Summary Judgment Upheld on Appeal

Goldberg Segalla on

Jurisdiction: Court of Appeal of California, Second Appellate District, Division Six - Plaintiff Easterling brought this claim based on his diagnosis of lung cancer, which he attributes to asbestos exposure during his work as...more

Pullman & Comley, LLC

Brownfield Projects Receive a Critical Carve-Out from Connecticut’s Prevailing Wage Laws

Pullman & Comley, LLC on

A key amendment to the state’s prevailing wage laws was passed by the General Assembly last night (June 3) as part of the passage of the comprehensive State Budget Implementer Bill (Bill No. 7187). The amendment helps resolve...more

Vinson & Elkins LLP

Technology, Infrastructure, and the Future of Disputes: A Conversation with Roberta Downey

Vinson & Elkins LLP on

Roberta Downey, a seasoned disputes lawyer, shares how rapid innovation is transforming the construction industry, reshaping contracts, and presenting new challenges for legal teams worldwide. In your recent piece for The...more

Saul Ewing LLP

Supreme Court Clarifies Fraudulent-Inducement Theory Under Wire Fraud Statute in Kousisis v. United States

Saul Ewing LLP on

Case Summary - In Kousisis v. United States, the Supreme Court addressed whether a defendant can be convicted under the federal wire fraud statute without causing the victim a net pecuniary loss....more

Zelle  LLP

Holding an Insured to its Duties and Burdens

Zelle LLP on

Once in a while, there is an insurance case that addresses numerous “common” issues and reaffirms the parties’ respective duties in supporting and adjusting claims, promptly making repairs, and mitigating loss. The recent...more

Vinson & Elkins LLP

Supreme Court Curbs the Scope of NEPA Reviews in Landmark Decision: Seven County Infrastructure Coalition v. Eagle County,...

Vinson & Elkins LLP on

In the first major National Environmental Policy Act (“NEPA”) case to reach the Supreme Court in almost two decades, the U.S. Supreme Court issued its decision on May 29, 2025, in Seven County Infrastructure Coalition v....more

Allen Matkins

“A Course Correction”: Supreme Court Reinforces Agency Deference and Narrows the Scope of Environmental Effects that Agencies Must...

Allen Matkins on

On May 29, 2025, the Supreme Court held that the National Environmental Policy Act (NEPA) — which requires federal agencies to analyze the environmental impacts of projects that they carry out, fund, or approve — does not...more

Hanson Bridgett

The Supreme Court Takes Aim at NEPA

Hanson Bridgett on

On May 29, 2025, the Supreme Court issued its Opinion in Seven County Infrastructure Coalition et al. v. Eagle County, Colorado et al., one of the most high-profile National Environmental Policy Act, or NEPA, cases to reach...more

Cole Schotz

Federal Court Limits a General Contractor’s Liability For Its Subcontractor’s Unpaid Union Benefit Contributions Under New York’s...

Cole Schotz on

On January 4, 2022, Labor Law §198-e – known as New York’s Wage Theft Law – went into effect. The Wage Theft Law, which applies to private construction projects, makes the prime/general contractor responsible for unpaid wages...more

Cozen O'Connor

Q and A With A Former OSHA Assistant Area Director

Cozen O'Connor on

Today, OSHA Chronicle (“OC”) sits down with safety and health consultant John Bednarik (“JB”). OC: Hi John. To start, can you share your safety and health background with our readers? JB: Of course. Prior to starting my...more

Pillsbury - CommLawCenter

FCC Enforcement Monitor ~ May 2025

Pillsbury’s communications lawyers have published the FCC Enforcement Monitor monthly since 1999 to inform our clients of notable FCC enforcement actions against FCC license holders and others....more

Mayer Brown

Whats 'Appening? The Impact of Technologies on Legal Formality Requirements?

Mayer Brown on

While lawyers may still be wary of using WhatsApp in their professional life, the business world has been eager to embrace it. But what weight does a WhatsApp message (or the content of any messaging platform) have and how...more

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