News & Analysis as of

Construction Industry Risk Management

Tarter Krinsky & Drogin LLP

Consequential Damages: Contract Language Is Key

Judge Andrea Masley of the Supreme Court of New York County rendered a decision in Bldg 44 Developers LLC. v. The Pace Companies of New York LLC, which is highly significant in the area of construction law for two reasons:...more

Phelps Dunbar

New Florida Law May Spur Changes in Builder Insurance and Liability

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Starting July 1, Florida law will require builders of newly constructed homes to provide a mandatory 1-year warranty against material construction defects. The new statute, Section 553.837, Florida Statutes, establishes...more

A&O Shearman

Cost reimbursable vs. lump sum turnkey construction contracts: the many routes to bankability

A&O Shearman on

In the construction industry, the choice of procurement approach is a critical decision that shapes project risk allocation, financing structures, equity support requirements, and practical execution considerations. Lenders...more

Phelps Dunbar

Stay Ahead: Managing Immigration Risks and Workforce Compliance in Construction

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The construction industry faces new challenges in the realm of labor, employment, and immigration law. Since January 20, when President Donald J. Trump took office, significant policy changes have emerged. These shifts affect...more

Blake, Cassels & Graydon LLP

Clauses clés dans les contrats de construction : Conseils pratiques pour assurer la réussite des projets

Le contexte juridique et commercial au sein du secteur de la construction étant en constante évolution, les contrats connexes doivent suivre le pas. Ces dernières années, les tribunaux et les parties contractantes mettent...more

Sands Anderson PC

Virginia’s Construction Payment Rules Explained

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General contractors who contract with owner/developers and who construct large, complex projects such as office buildings, shopping centers, and warehouses, often seek to shift the risk of owner/developer non-payment to their...more

J.S. Held

Responding to New Buy America Requirements on FHWA Projects

J.S. Held on

The Federal Highway Administration has issued a final rule to implement the Build America, Buy America Act, which will impact transportation projects funded by federal dollars. While the rule may be adjusted following a...more

Fox Rothschild LLP

Lessons Learned – Did I Waive My Claim Against the Government?

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Contractors working with the federal government understand that contract modifications are a fact of life. Projects rarely unfold exactly as planned – and changes to the scope of work, performance deadlines, and pricing...more

Ward and Smith, P.A.

Blueprint for Growth: Construction Diversification Strategies for North Carolina Businesses

Ward and Smith, P.A. on

McKinney is a principal in FMI’s strategy practice with expertise in guiding construction industry clients through complex strategic decisions by providing them with the resources they need to make informed, data-driven...more

Saul Ewing LLP

The Tariff Quagmire: Overcoming Uncertainty from Tariffs and Other Unstable Market Conditions

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In 2025, the second Trump administration has made sweeping use of tariffs. Tariffs have been imposed and suspended several times, in varying amounts, against a multitude of countries on all types of goods used in the...more

McGuireWoods LLP

The New Frontier: Data Centers, AI & Insurance Implications

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Amazon’s recent announcement to invest at least $20 billion in cloud computing and AI data center campuses across Pennsylvania—a record‑breaking private investment in the Commonwealth—marks a turning point in digital...more

Mandelbaum Barrett PC

10 Steps to a Successful Construction Project

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Careful Contracting: The Foundation of Every Successful Construction Project - A successful construction project starts long before the first shovel hits the ground. It begins with the contract. As discussed in the...more

Jackson Lewis P.C.

OSHA Proposes Dozens of Deregulatory Rules: How They’ll Impact Multiple Industries

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The Occupational Safety and Health Administration (OSHA) has published over two dozen proposed rules in the Federal Register on July 1, 2025, marking a sweeping regulatory initiative that impacts multiple industries. Although...more

Morgan Lewis

OSHA’s Aggressive Deregulatory Efforts Begin

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The Occupational Safety and Health Administration (OSHA) has begun what the US Department of Labor describes as “aggressive deregulatory efforts” to “put American workers and job creators first.” In response to President...more

Ropes & Gray LLP

Five Key Legal Considerations for Investments in Engineering and Design Firms

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As the demand for infrastructure assets continues to grow, infrastructure investors are increasingly looking beyond traditional core infrastructure assets and turning their attention to infrastructure services businesses....more

Gould + Ratner LLP

Talk It Out: The Importance of Effective and Consistent Communication in Construction Projects

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While good communication alone may not guarantee the success of a construction project, a lack of communication among the project team will almost always doom a project to failure. With so many moving parts, clear and...more

Bradley Arant Boult Cummings LLP

Incoterms 101: The Basics of International Trade

Fluency in Incoterms® is helpful for any contractor or materials supplier engaged in international trade. Most recent articles discussing construction and international trade emphasize how tariffs can increase construction...more

Phelps Dunbar

[Webinar] When ICE Arrives: Navigating Worksite Compliance and Enforcement Risks in a New Environment - July 29th, 10:00 am CDT

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Join us for a conversation covering the policy changes to labor and employment law since the government changed immigration compliance initiatives. We will discuss the worksite enforcement changes that impact your company and...more

Nossaman LLP

Tariffs and Their Impacts on the Life Cycle of Construction Contracts

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In light of recent Executive Orders issued by President Trump concerning tariffs, countries around the world—including the United States—have been forced to reassess existing trade and contractual frameworks. The construction...more

Stoel Rives LLP

Construction Labor Shortages: A Primer for Owners and Contractors

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In the post-COVID world of construction, industry analysts and participants have focused considerable attention on material price escalation concerns and impacts caused by raw material shortages, supply chain issues, and...more

Venable LLP

How Owners and Developers Can Mitigate Tariff Risks on Construction Materials and Equipment

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The Trump administration's imposition of tariffs on steel, aluminum, lumber, and other construction materials, in combination with increased tariffs on raw materials and finished goods from China, Japan, the EU, and...more

J.S. Held

Using Labor Productivity Analysis to Improve Budget Accuracy and Identify Inefficiencies in Emergency Mitigation Services

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In any process where labor is a significant cost driver, understanding productivity is essential. Labor productivity analysis isn’t just a management buzzword; it’s a practical tool that helps emergency mitigation experts...more

Cohen Seglias Pallas Greenhall & Furman PC

Managing Construction Contracts in an Era of Tariffs and Escalation

Tariffs, trade tensions and material cost escalations are more than just headlines—they are challenges that contractors face every day. In our recent Q&A webinar, we tackled contractors’ pressing questions on protecting...more

Cohen Seglias Pallas Greenhall & Furman PC

For the Construction Industry, Planning Is the Key to Navigating Tariffs

When contemplating advice for contractors or suppliers trying to navigate the current tariff environment, I find President Dwight D. Eisenhower’s wartime advice insightful, “In preparing for battle I have always found that...more

Carr Maloney P.C.

Construction Bonds: What They Are and Why They Matter

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Construction bonds are vital tools in the construction industry. A construction bond is an instrument arising out of suretyship law. A project owner may require a contractor to obtain one or more types of construction bond to...more

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