News & Analysis as of

State and Local Government Construction Project

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights, Issue 7, July 2025

Welcome to our seventh issue of The Site Report for 2025! In this edition, we address direct v. consequential damages in Florida, how the OBBB will fuel construction projects, China's construction of the world's largest...more

Carlton Fields

Florida’s New “Prompt Processing” Requirement for Construction Contract Change Orders on Public Works Projects

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Effective July 1, 2025, Chapter 2025-140, Laws of Florida, titled an “Act Relating to Construction Regulations,” enacted House Bill 683. This bill makes several changes to Florida’s construction laws, including requirements...more

Hinckley Allen

Massachusetts Appeals Court Curbs Zoning Board Discretion in Special Permit Denial

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The various approvals, permits, orders of conditions, and the like that may be required to proceed with work on a given project can seem daunting at times.  And when a project’s proposed use is not automatically authorized...more

Carlton Fields

DeSantis Extends Emergency Declarations for Tornado-Damaged North Florida Counties

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In recent weeks, Florida Gov. Ron DeSantis has issued executive orders extending two separate emergency declarations for counties in North Florida following a series of tornadoes that caused severe damage in the region....more

Nossaman LLP

Will California’s CEQA Reform Impact Condemnation? 

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Acquiring property for public projects typically does not occur until after the project has received environmental approval.  In California, complying with the California Environmental Quality Act (CEQA) can sometimes take...more

DLA Piper

Major pro-housing CEQA reform legislation signed into California law

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On June 30, 2025, California Governor Gavin Newsom signed into law Assembly Bill 130 (AB 130) and Senate Bill 131 (SB 131), both of which took effect immediately....more

Goldberg Segalla

New York State Goes Nuclear

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New York Gov. Kathy Hochul announced June 25 that she is directing New York Power Authority to add at least one gigawatt of new nuclear power generation by building a zero-emission nuclear power plant somewhere in upstate New...more

McGuireWoods LLP

Eighth Circuit Reaffirms Federal Preemption Over Local Pipeline Ordinances

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Last month, the U.S. Court of Appeals for the Eighth Circuit issued an opinion discussing the Pipeline Safety Act’s (PSA’s) preemption over local ordinances seeking to regulate pipeline safety — a decision that provides...more

Allen Matkins

Now Effective: Builder’s Remedy 2.0

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AB 1893 (Wicks) significantly modified the so-called “Builder’s Remedy” under the Housing Accountability Act (Gov. Code § 65589.5) (HAA) effective January 1, 2025. As explained in our prior legal alert, the Builder’s Remedy...more

Allen Matkins

SB 937: Deferral of Residential Development Impact Fees

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Senate Bill (SB) 937 (Wiener) went into effect on January 1, 2025. SB 937 eases the financial burden on residential developers by prohibiting local agencies from imposing fees on specified residential development projects...more

Pullman & Comley - For What It May Be Worth

Connecticut Focuses on Streamlining/Incentivizing Commercial to Residential Building Conversions

As part of an ongoing effort to address the affordable housing shortage, the Connecticut General Assembly has passed Senate Bill No. 1444 which is designed to facilitate the conversion of certain buildings to residential use....more

Pullman & Comley, LLC

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

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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

Seyfarth Shaw LLP

50 State Lien Law Notice Requirements (UPDATED)

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This quick reference describes general time requirements for filing lien notices in each state, plus Washington, DC. Seyfarth’s Construction team prepared the survey for use primarily by commercial contractors and real estate...more

Bricker Graydon LLP

HB 497, Updating Several County Laws Including Those for Construction Projects, Is Now Effective

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House Bill 497 (HB 497) took effect on  April 9, 2025, and introduced various changes to the laws governing counties in Ohio. Below are some  key changes in HB 497 that impact county construction projects....more

Winstead PC

Understanding Infrastructure Development Districts in Tennessee

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Infrastructure Development Districts (IDDs) are a pivotal tool for managing growth and development in Tennessee. As Tennessee’s population grows, the need for efficient infrastructure becomes paramount. ...more

Otten Johnson Robinson Neff + Ragonetti PC

Denver Mayor Promises $10,000 Refunds for Delayed Permit Applications

On April 14, 2025, Mayor Mike Johnston signed Executive Order 151 to create a new Denver Permitting Office (“DPO”) which is to begin reviewing development and construction permit applications in mid-May. The Executive Order...more

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

404/Clean Water Act Enforcement: U.S. Environmental Protection Agency and Utah County, Utah Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and Utah County, Utah entered into an April 23rd Consent Agreement (“CA”) addressing alleged violations of the Clean Water Act. See Docket No. CWA-08-2025-0008....more

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

Stormwater Enforcement: Mississippi Commission on Environmental Quality and Tupelo Construction Project Owner Enter into Agreed...

The Mississippi Commission on Environmental Quality (“MCEQ”) and JS, LLC (“JS”) entered into a February 19th Agreed Order (“AO”) addressing alleged violations of a Construction Stormwater General Permit. See Order No. 7459...more

Downey Brand LLP

Dismantling BRIC, Brick By Brick

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Several years ago, many of us were stunned to learn how much funding would run through FEMA’s BRIC program (Building Resilient Infrastructure and Communities). Traditionally, significant money only ran through the U.S. Army...more

Bricker Graydon LLP

New Tool Aims to Ease Kentucky's Housing Shortage

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Good news for Kentucky local governments—they’ve got a new tool to help tackle housing shortages, thanks to legislation passed during the 2025 Kentucky General Assembly. Senate Bill (SB) 25 now allows local governments to...more

Allen Matkins

California Court Clarifies CEQA Tribal Consultation Duties in First Published AB 52 Decision

Allen Matkins on

On March 14, 2025, the California Court of Appeal for the First District issued the first published opinion interpreting Assembly Bill 52 (AB 52), the law governing tribal consultation procedures under the California...more

Akerman LLP

Community Groups and Elected Officials Sue to Set Aside "City of Yes"

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On March 25, a group of civic associations, elected officials, and individual petitioners filed a proceeding in the Supreme Court, Richmond County, under Article 78 of New York’s Civil Practice Law and Rules (CPLR), seeking a...more

Spilman Thomas & Battle, PLLC

Recap of the NC State Construction Conference

Each March, our team participates in the North Carolina State Construction Conference in Raleigh, where thousands of construction industry members meet to hear about the current “state of the construction industry” in North...more

Goulston & Storrs PC

Boosting Boston’s Housing: City & State Partner to Overcome Market Challenges

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According to recent news coverage, about 30,000 housing units proposed for Boston are approved by the Boston Planning Department (BPD) yet unable to break ground due to market conditions. In response, the Wu administration,...more

Snell & Wilmer

Arizona Supreme Court Expands Landowners’ Rights to Recover Severance Damages in Eminent Domain Cases

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In State of Arizona v. Foothills Reserve Master Owners Association, Inc., the Arizona Supreme Court ruled that severance damages are available to landowners when their appurtenant easements are condemned, even if their...more

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