Construction Law: The National Law Review

Construction Law is highly litigated, and one which has many legal ramifications present to construction companies, contractors, and sub-contractors. Additionally, OSHA and other governmental regulatory bodies have an enormous impact on the industry, and it can be important to pay attention to changes dictated by the agency as far as employment matters, regarding employee safety regulations and accident reporting procedures. Additionally, intellectual property issues related to construction designs and litigation of those issues are also covered. The National Law Review covers the latest stories, developments, and litigation that impacts construction law and the Construction industry.

Both public and private construction projects are governed by contractual obligations, state law, and often times federal law and ordinances. Because of this, there are many terms that are binding on construction companies, as well as the individual, entity, or government agency. Visitors to the National Law Review can read about these binding terms, contractual disputes, construction defect claims, extra work claims as they unfold in the area of construction law.

The National Law Review also covers topics including permitting and zoning construction regulations in a variety of jurisdictions, liens and stop notice claims as they relate to construction sites, homeowner and subdivision claims, and public work issues related to public-private partnerships (P3). State and federal construction disputes, international disputes related to US agencies, and contractor and sub-contractor liability issues are also covered. Proper documentation of contracts, and contract terms, OSHA violations, important form contracts including AIA, EJDC, and AGC forms, and other developments in the area of construction law are covered regularly.

Regulations, ordinances, and zoning/permitting requirements change often, construction law is an area of law that is highly litigated. Visitors to the National Law Review will find the latest developments related to construction law, as well as expert legal analysis of the implications of litigation, new regulations, and legislation.

For hourly updates on the latest construction and real estate law news, be sure to follow our Construction & Property Law Twitter feed, and sign up for complimentary e-news bulletins.

Date	Title	Organization
2 Feb	Governor Shapiro Takes Action to Improve Permitting Efficiency Within Pennsylvania Agencies	K&L Gates
2 Feb	The Practical Effects of the Building Safety Act 2022	K&L Gates
1 Feb	It’s a Family Affair: SCOTX Compels Non-Signatory Minor Children to Arbitrate Their Construction Defect Claims with Signatory Parents	Bradley Arant Boult Cummings LLP
27 Jan	OSHA Increasing Fines Through Major Changes in Enforcement Policies	Keller and Heckman LLP
23 Jan	Federal Law Allows Tax-Exempt Entities to Cash In on Energy Tax Credits	Miller Canfield
17 Jan	Canada’s Foreign Buyers Ban: What You Should Know About the Ban on Non-Canadians Purchasing Residential Property in Canada	Miller Canfield
17 Jan	Commonwealth Court Strikes Down 2021 Accessibility Regulations as Unconstitutional - Pennsylvania	Babst, Calland, Clements & Zomnir, P.C.
5 Jan	DOD, GSA AND NASA Propose Climate-Related Disclosures for Federal Suppliers	Babst, Calland, Clements & Zomnir, P.C.
3 Jan	FIDIC Golden Principles Under Dutch Law in 2023	Greenberg Traurig, LLP
29 Dec	Avoiding Worker’s Compensation Retaliation Claims in the Construction Industry	Jackson Lewis P.C.
29 Dec	Construction Companies Become Latest Targets of EEOC	Jackson Lewis P.C.
29 Dec	Survey Provides Recommendations for Recruiting, Retention in Construction Industry Using DEI Initiatives	Jackson Lewis P.C.
29 Dec	OSHA Inspection Dos and Don’ts for Construction Industry	Jackson Lewis P.C.
25 Dec	US Department of Labor Finds Texas Construction Company Willfully Exposed Workers to Deadly Hazards after Trench Collapse Kills Two Workers	U.S. Department of Labor
19 Dec	Prime Contractor Beware, No. 3: Tis The Season, but is your Retainage safe under the Tree?	Bradley Arant Boult Cummings LLP
22 Nov	Catena v. NVR, Inc. [Heartland Homes of Pa]: Jury Whacks Local Homebuilder Under Consumer Protection Law	Strassburger McKenna Gutnick & Gefsky
17 Nov	Diagnosing Health Care: Owner’s Outlook - National Trends in Construction Claims [PODCAST]	Epstein Becker & Green, P.C.
9 Nov	Dirty Steel-Toe Boots, Episode 12: Women in Construction and Safety [PODCAST]	Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
7 Nov	DOJ Obtains First Guilty Plea For Criminal Monopolization In Decades	Barnes & Thornburg LLP
2 Nov	Not So Hastie Decisions	Squire Patton Boggs (US) LLP
19 Oct	Prime Contractor Beware, No. 1: Watch Out for Owner/Lender Consent and Assignment Agreements	Bradley Arant Boult Cummings LLP
18 Oct	Pay-When-Paid Provisions Still Unenforceable in New York State	Phillips Lytle LLP
14 Oct	"Reading the Riot Act"—Why Notice and Opportunity to Cure Matter	Ward and Smith, P.A.
12 Oct	Deadline Fast-Approaching for Specific Contractors to Object to Type 2 EEO-1 Report Disclosure	Robinson & Cole LLP
11 Oct	Connecticut Adopts New Codes	Robinson & Cole LLP
10 Oct	As Unions Worm their Way into Apple, Inc., NLRB Alleges a ULP	Robinson & Cole LLP
5 Oct	Hurricane Ian Reconstruction and Redevelopment: Considerations for Condominium Associations, HOAs and Land Owners	Varnum LLP
3 Oct	Construction Industry Workplace Law Update – Fall 2022	Jackson Lewis P.C.
30 Sep	Second Annual Construction Inclusion Week: October 17-21, 2022	Jackson Lewis P.C.
30 Sep	Architecture Firm Recognizes First Private-Sector Architects Union	Jackson Lewis P.C.
30 Sep	Medical Marijuana and the Construction Job Site	Jackson Lewis P.C.
30 Sep	Withdrawal Liability and The Building and Construction Industry Exception	Jackson Lewis P.C.
29 Sep	OFCCP’s Renewed Focus on Construction Contractors [PODCAST]	Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
26 Sep	Owner of Commercial Flooring Contractor Pleads Guilty to Participating in Kickback Scheme to Defraud a U.S. Army Facility	The U.S. Department of Justice
22 Sep	Massachusetts Appeals Court Clarifies the A’s and C’s of Independent Contractor Status	Epstein Becker & Green, P.C.
21 Sep	Construction Company Diverted $240 Million from Veteran-Owned Businesses	Tycko & Zavareei LLP
19 Sep	AAA Amendments to The Commercial Arbitration Rules and Mediation Procedures	K&L Gates
19 Sep	OSHA Seeks to Clarify the “P” in PPE, Issues NPRM on ‘Fit’ for Construction Workers	Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
19 Sep	US Department of Labor Awards $3M to Support Project to Improve Working Conditions in Bangladesh, Focused on Labor Rights Abuses in Three Cities	U.S. Department of Labor
16 Sep	Guidance for Classification of Construction Workers Provided by New Jersey Supreme Court	Jackson Lewis P.C.
15 Sep	Stormwater Permits: Preventing Your Owners Association From Getting Stuck with Unnecessary and Potentially Large Expenses	Ward and Smith, P.A.
15 Sep	Don’t Pay for Your Performance Bond More than Once	Robinson & Cole LLP
15 Sep	Owner’s Outlook: HCA’s Clint Russell on Health Care Construction Pricing and Innovation – Diagnosing Health Care [PODCAST]	Epstein Becker & Green, P.C.
12 Sep	Regulating Heat Networks: Energy Security Bill to The Rescue?	K&L Gates
12 Sep	You’ll Be Seeing More of These: AIA Releases New Lien Release Forms	Bradley Arant Boult Cummings LLP
9 Sep	When Is a Collateral Warranty a “Construction Contract”?	K&L Gates
6 Sep	Dirty Steel-Toe Boots, Episode 11: Death by Suicide in the Construction Industry [PODCAST]	Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
4 Sep	Dramatic "Shoreline Realignment" In Store For Nantucket's Eastern Shore As Intra-Governmental Dispute Continues	Mintz
2 Sep	Eleventh Circuit Confirms Federal Contractor Vaccine Mandate Likely Exceeds Presidential Authority, But Narrows the Scope of the Previous Nationwide Injunction	Foley & Lardner LLP
1 Sep	Supply Chain Disruptions Affect Construction Loans And Defaults	Barnes & Thornburg LLP
1 Sep	DFARS Compliance – Top Keys to Success in 2022	Oberheiden P.C.
1 Sep	Diagnosing Health Care: Owner’s Outlook: Maximize and Safeguard Reimbursement Through Design [VIDEO]	Epstein Becker & Green, P.C.
31 Aug	Subcontract Payment Provisions Mean Exactly What They Say in Connecticut	Robinson & Cole LLP
30 Aug	Federal Contractor Vaccine Mandate: Eleventh Circuit Partially Vacates Preliminary Injunction	Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
26 Aug	OFCCP Launches Construction Contract Award Portal	Proskauer Rose LLP
25 Aug	Not a Well-Crafted Housing: Product-by-Process Claim Element Isn’t Limiting	McDermott Will & Emery
24 Aug	OFCCP Launching Another Online Portal, This Time for Construction Contractors	Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
24 Aug	COFC Finds Jurisdiction Over OTA Protest	Bradley Arant Boult Cummings LLP
22 Aug	OFCCP Announces Construction Contract Award Portal	Jackson Lewis P.C.
20 Aug	What the Inflation Reduction Act of 2022 Means for Renewable Energy Developers, Investors and Manufacturers	McDermott Will & Emery
18 Aug	Ohio S.B. 61 Adds Protections for Solar Panels on Condominium and Planned Community Homes	Roetzel & Andress LPA
17 Aug	The AIA Releases Sworn Construction Statements, Lien Waiver and Release Forms for the First Time.	Robinson & Cole LLP
5 Aug	Washington, DC, Aims to Ban Fossil Fuel in New Construction	ArentFox Schiff LLP
4 Aug	Claim Construction Error Fuels Remand	McDermott Will & Emery
4 Aug	Owner’s Outlook: Renovating and Expanding Critical Access Hospitals in a Volatile Market [PODCAST]	Epstein Becker & Green, P.C.
4 Aug	Key Takeaways \| Renewables Tax Takeaways from the Manchin-Schumer Deal on Taxes, Climate and Energy	McDermott Will & Emery
3 Aug	A Liquidated Damages Provision Might Not Liquidate All Potential Damages	Robinson & Cole LLP
1 Aug	Clarity Is Key – How Do You Serve a Valid Pay Less Notice?	K&L Gates
1 Aug	Federal Court Dismisses a Dealer’s Suit for Violation of the Kentucky Retail Sales of Equipment Act	Foley & Lardner LLP
1 Aug	Western Australia Set for Commencement of New Progress Payment Regime Under the Building and Construction Industry (Security of Payment) Act 2021 (WA)	K&L Gates
28 Jul	Local Preemption and Wetlands in Massachusetts: An Update	Greenberg Traurig, LLP
26 Jul	Construction Project Executives Beware: The Massachusetts Prompt Pay Act Means Business	Foley & Lardner LLP
25 Jul	The Supreme Judicial Court's Ruling for the City of Boston Will Reach Many Places Other Than Long Island	Mintz
22 Jul	The Impact of Interest Rate Hikes on the Real Estate Market	ArentFox Schiff LLP
21 Jul	Terminator Beware	Robinson & Cole LLP
16 Jul	Public Trust Doctrine – Mass. High Court Finds Municipal Harbor Plan Regulations Involve Unlawful Delegation of DEP Authority	Pierce Atwood LLP
8 Jul	The Contract Matters When Navigating Notices to Cure	Bradley Arant Boult Cummings LLP
6 Jul	E-Commerce Development Boom or Bust? Potential Setbacks for Warehouse Development in Inland Empire on Hold for Now	Sheppard, Mullin, Richter & Hampton LLP
6 Jul	Massachusetts Court Strikes Down Restriction on Access to Solar Project	Beveridge & Diamond PC
1 Jul	New York Construction Wage Theft Law: Prime Contractors Responsible for Subcontractor’s Failures	Jackson Lewis P.C.
1 Jul	Emerging Construction Legal Trends and Issues on Employment Front: Proposed Davis-Bacon Act Reform	Jackson Lewis P.C.
30 Jun	Construction Disputes and ‘Baseball’ Arbitration	Jackson Lewis P.C.
30 Jun	OSHA’s Construction Enforcement to Focus on Hazards Associated With Top 10 Cited Violations	Jackson Lewis P.C.
30 Jun	How Law Limiting Arbitration Agreements for Sexual Assault, Harassment Claims Affects Construction	Jackson Lewis P.C.
30 Jun	What Construction Employers Need to Know About the Increased Silica Compliance Focus	Jackson Lewis P.C.
29 Jun	Want to File a Mechanics’ Lien in California? Here’s What You Can (and Can’t) Include	Bradley Arant Boult Cummings LLP
24 Jun	Land Use, Zoning, and Ordinance Issues [VIDEO]	Ward and Smith, P.A.
17 Jun	Three Key Takeaways of New Jersey DEP’s Proposed EJ Rules	Beveridge & Diamond PC
17 Jun	The Intersection of the Bipartisan Infrastructure Law and Davis-Bacon Act Requirements for Federal Contractors and Subcontractors	Ward and Smith, P.A.
15 Jun	Illinois Passes "Wage Protection" Law Targeting General Contractors	Much Shelist, P.C.
14 Jun	City of Los Angeles Developer Contribution Ban Goes Into Effect	Sheppard, Mullin, Richter & Hampton LLP
13 Jun	Insurance Coverage Law Update: Wiegert v. TM Carpentry, LLC	von Briesen & Roper, s.c.
13 Jun	Virginia Is for Lovers… of Strict Contract Language: New Law Prohibits Pay-if-Paid Clauses in Construction Contracts	Bradley Arant Boult Cummings LLP
10 Jun	New Law Limits Broad Form Lien Waivers in Construction Projects	Ward and Smith, P.A.
3 Jun	DOJ Announces Convictions for Major Undercover Operation in South Carolina	Norris McLaughlin P.A.
3 Jun	Please provide your comments to NIST about Zero Trust Architecture by July 5, 2022!	Foley & Lardner LLP
1 Jun	Suspension & Debarment Annual Report: Key Takeaways	Bradley Arant Boult Cummings LLP
27 May	Governor DeSantis Signs Senate Bill Establishing Building Safety Act for Condominium and Cooperative Associations	Roetzel & Andress LPA
27 May	May 2022 Special Session of Florida Legislature Concludes with Passage of Legislation Impacting Property Insurance and Building Safety	Greenberg Traurig, LLP
26 May	If You Can’t Stand the Heat, Don’t Build the Kitchen: Construction Company Settles Allegations of Small Business Subcontracting Fraud for $2.8 Million	Tycko & Zavareei LLP
25 May	NJDEP Announces FHA Emergency Rulemaking	Giordano, Halleran & Ciesla, P.C.
23 May	US EPA Adoption of New Phase I ASTM Standard E1527 Delayed by Adverse Comments	Squire Patton Boggs (US) LLP
18 May	DOE Announces Transmission Facilitation Program	Foley & Lardner LLP
18 May	New Is Old Again: DOL Seeks Return to Past Rule for Federal Contractor Minimum Wage Calculations	Bradley Arant Boult Cummings LLP
18 May	New Jersey Legislature Amends Statute of Limitations for Defect Claims Brought by Condominium and Homeowners’ Associations	K&L Gates
17 May	Building Safety Act 2022 – What’s Changed?	K&L Gates
29 Apr	Court Holds That Engineer Does Not Owe Fiduciary Duties To A Non-Client	Winstead
25 Apr	Construction Law History Lesson No. 1: What Do Thomas Jefferson and Mechanics Liens Have in Common?	Bradley Arant Boult Cummings LLP
21 Apr	Court Rejects Use of Eminent Domain for Recreational Trail	Roetzel & Andress LPA
13 Apr	Comments on Proposed Ban of Ongoing Asbestos Uses Due June 13, 2022	Bergeson & Campbell, P.C.
6 Apr	Turning Back the Clock: DOL Proposes Previous Davis-Bacon Prevailing Wage Definition	Sheppard, Mullin, Richter & Hampton LLP
6 Apr	North Carolina Licensing for General Contractors: Licensure of Joint Ventures	Ward and Smith, P.A.
1 Apr	Construction: Labor Department Proposes Rule to Expand Coverage of Davis-Bacon Act and Regulations	Jackson Lewis P.C.
1 Apr	Construction Industry: Data Security Considerations	Jackson Lewis P.C.
1 Apr	Sustainable Outlook: The Push to Modernize the Grid from Smart Buildings with Courtney Blodgett, Director of Strategy at Edo [PODCAST]	K&L Gates
24 Mar	AG Healey Has a Point: If We're Serious about Renewable Energy We Have to Get to Building the Infrastructure Necessary to Transmit It	Mintz
22 Mar	Biden Administration Executive Order Requires Project Labor Agreements with Unions on Certain Federal Construction Projects	McDermott Will & Emery
22 Mar	Court Boosts Actions to Avoid or Recover a Listed Transaction Penalty	Miller Canfield
22 Mar	San Diego Developers and Owners Should be Aware of Changes in Asbestos Enforcement Behavior	Allen Matkins Leck Gamble Mallory & Natsis LLP
21 Mar	Recent California Court Ruling Signals Victory for Advocates of Mixed-Use Neighborhoods and Greater Housing Density	Allen Matkins Leck Gamble Mallory & Natsis LLP
21 Mar	DOL Proposes First Major Overhaul of Davis-Bacon Act Regulations in 40 Years	Bradley Arant Boult Cummings LLP
18 Mar	Extensions Granted for Housing Entitlements Set to Expire During 2020-2021	Allen Matkins Leck Gamble Mallory & Natsis LLP
18 Mar	Three New California Laws to Facilitate Housing Production	Allen Matkins Leck Gamble Mallory & Natsis LLP
18 Mar	The Application of North Carolina's Economic Loss Rule to Commercial Construction Projects	Ward and Smith, P.A.
13 Mar	ASTM PFAS Standards Closer To Adoption By EPA	CMBG3 Law
8 Mar	USDA Seeks to Revive “Blacklist” Rule Requiring Contractors to Certify Labor Violations	Polsinelli PC
3 Mar	Massachusetts Regulators Begin to Clear the Path to Net-Zero Emissions	Hunton Andrews Kurth
3 Mar	California DIR Takes Aim at Public Works Construction Sites – Construction Employers Should Review Workplace Safety Compliance	Jackson Lewis P.C.
21 Feb	FERC Issues Two Controversial Policy Statements on Natural Gas Infrastructure	Pierce Atwood LLP
17 Feb	Owner’s Outlook: Vaccine Mandate for Construction Workers at Health Care Facilities – Diagnosing Health Care [PODCAST]	Epstein Becker & Green, P.C.
17 Feb	We Need to Walk and Chew Gum When It Comes to Planning in the City of Boston	Mintz
17 Feb	The Future of Office is Evolving	Allen Matkins Leck Gamble Mallory & Natsis LLP
16 Feb	Raw Material Surcharges Again on the Cartel Radar – German Authority Raids Cable Companies	Squire Patton Boggs (US) LLP
14 Feb	California Court of Appeal Upholds Enforcement of Non-Solicitation Covenant Based on the Statutory Exception for Transferring Ownership of a Business Interest	Jackson Lewis P.C.
10 Feb	Recent Court Decision Warns of Dangers of Using Outdated Construction Contracts	Robinson & Cole LLP
7 Feb	President Biden Signs Executive Order Requiring Project Labor Agreements for Large-Scale Federal Construction Projects ($35 Million)	Proskauer Rose LLP
4 Feb	Beltway Buzz, February 4, 2022	Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
4 Feb	Global Private Equity- Spotlight on the Industry: Understanding Construction Risk on Infrastructure Investments	McDermott Will & Emery
3 Feb	Discombobulated Contractual Communications? Let Us Be Clear!	K&L Gates
3 Feb	Consider the H-1B Visa to Build Your Construction Industry Workforce	Robinson & Cole LLP
31 Jan	New York Governor Releases Updated 421-a Program	Sheppard, Mullin, Richter & Hampton LLP
31 Jan	Proposed Bill Would Require All Commercial Liability Insurance Policies Issued In New Jersey to Specify Coverage For “Faulty Workmanship”	Stark & Stark
28 Jan	What Are the 2022 Small Business Set-Aside Thresholds?	Sheppard, Mullin, Richter & Hampton LLP
28 Jan	$15 Per Hour Minimum Wage for Federal Contractors Takes Effect	Bradley Arant Boult Cummings LLP
28 Jan	Land Use and Zoning Basics for Community Associations	Ward and Smith, P.A.
20 Jan	Termination of Construction Contract for Convenience by Project Owner	Stark & Stark
18 Jan	New Bill Clarifies Statute of Limitations For Community Association Transition Litigation Matters	Stark & Stark
18 Jan	PFAS Risks and Construction Industry: Yes, EPA Actions Will Impact You!	CMBG3 Law
15 Jan	Important Changes to New York Labor Law: Contractors Liable for Wage Violations of Subcontractors	Wilson Elser Moskowitz Edelman & Dicker LLP
11 Jan	A Stormwater Best Management Practice	Norris McLaughlin P.A.