Court to General Contractor: Too Late to Reclaim $600K Sub Overpayment
March 03, 2026 —
Richard Korman - Engineering News-RecordMassachusetts contractors and their attorneys are once again testing the limits of the state's 15-year-old prompt-pay law, with concerned prime contractors asking an appeals court to overturn a lower court ruling that they believe gives subcontractors a powerful upper hand in payment disputes.
Read the full story...Reprinted courtesy of
Richard Korman, Engineering News-RecordMr. Korman may be contacted at
kormanr@enr.com
CARB Issues Proposed Climate Disclosure Regulations
January 13, 2026 —
Michael S. McDonough, Ashleigh Myers & Karen Eskander - Gravel2Gavel Construction & Real Estate Law BlogOn December 9, 2025, the California Air Resources Board (CARB) issued
proposed regulations and a
staff report for California’s comprehensive climate disclosure laws, the
Climate Corporate Data Accountability Act (SB 253) and the
Climate-Related Financial Risk Act (SB 261). These proposed regulations come less than a month after the
Ninth Circuit issued an injunction temporarily halting enforcement of SB 261, at least until a January 9, 2026, hearing on the plaintiffs’ requested longer-term injunction through the remainder of the First Amendment challenge to the laws. The draft regulations would adopt some, but not all, of the provisions proposed by CARB in its public workshops on the laws to date, and notably would scale back applicability to those companies above a threshold level of sales in the state. The proposed regulations also define key terms, establish the program fee structures, explain fee enforcement and set initial reporting timelines. The written comment period begins on December 26, 2025, and ends on February 9, 2026. CARB will hold a
public hearing on the proposed regulations on February 26, 2026 at 9 a.m. PST.
Reprinted courtesy of
Michael S. McDonough, Pillsbury,
Ashleigh Myers, Pillsbury and
Karen Eskander, Pillsbury
Mr. McDonough may be contacted at michael.mcdonough@pillsburylaw.com
Ms. Myers may be contacted at ashleigh.myers@pillsburylaw.com
Ms. Eskander may be contacted at karen.eskander@pillsburylaw.com
Read the full story...
Reminder: You Can’t Make Others Indemnify You for Your Own Actions
January 13, 2026 —
Christopher G. Hill - Construction Law MusingsI have spoken about
Virginia Code 11-4.1 and the prohibition on
forcing others to indemnify for the actions of the indemnitees on a few occasions here at Construction Law Musings (See
Uniwest Posts). The Western District of Virginia gave its take on indemnification clauses and why they need to be carefully drafted in a December 2024 case,
Sauer Construction, LLC v. MC3 Solutions, LLC et al.
In Sauer, the Court looked at, among other things, an indemnification provision between MC3, a subcontractor to Sauer, and MC3s sub-subcontractor, Bonitz Flooring Group. This was the relatively typical construction dispute where a general contractor sues a subcontractor and then that subcontractor sues its supplier and sub-subcontractors for indemnity pursuant to its contract. When faced with the indemnification claim, Bonitz argued that the indemnification provision violated the Va. Code 11-4.1 because it required Bonitz to indemnify MC3 for MC3’s actions. The provision follows the break.
Read the full story...Reprinted courtesy of
The Law Office of Christopher G. HillMr. Hill may be contacted at
chrisghill@constructionlawva.com
HHMR Honored as a 2026 Denver Business Journal Best Places to Work Recipient
March 10, 2026 —
David McLain - Colorado Construction Litigation BlogWe are pleased to share that Higgins, Hopkins, McLain & Roswell has been named a 2026 Denver Business Journal Best Places to Work honoree, a recognition grounded entirely in direct feedback from our own team members.
The Denver Business Journal Best Places to Work program, in partnership with Quantum Workplace, ranks organizations based on anonymous employee engagement survey results that measure culture, leadership, communication, trust, team dynamics, and satisfaction. This year’s list includes 65 companies across the Denver metropolitan area, judged by the people who know these workplaces best: their employees.
Read the full story...Reprinted courtesy of
David McLain, Higgins, Hopkins, McLain & RoswellMr. McLain may be contacted at
mclain@hhmrlaw.com
Groundbreaking New York Law Regulates Third-Party Litigation Funding for the First Time
February 02, 2026 —
Nicholas P. Hurzeler - Lewis BrisboisOn December 19, 2025, New York Governor Kathy Hochul signed the Consumer Litigation Funding Act (A804-C/S1104A) into law. The new statute takes aim at abusive third-party litigation funding practices statewide.
For years, the unregulated "lawsuit loan" industry has acted as a silent inflator of claim values, forcing plaintiffs to reject reasonable settlement offers in order to pay back exorbitant interest. The new regulatory framework, effective June 17, 2026, introduces caps and transparency measures that may help stabilize settlement negotiations and curb artificially inflated demands. The law does not apply to contracts made before its effective date. Below are some of its most important provisions.
Read the full story...Reprinted courtesy of
Nicholas P. Hurzeler, Lewis BrisboisMr. Hurzeler may be contacted at
Nicholas.Hurzeler@lewisbrisbois.com
New California Law Mandates Prompt Resolution of Change Order Payment Disputes on Private Works of Improvement
January 05, 2026 —
Samuel Bucher, Marc Coats & William S. Hale, P.E. - Gravel2Gavel Construction & Real Estate Law BlogOn October 10, 2025, Governor Newsom signed SB 440, titled the Private Works Change Order Fair Payment Act. The new law introduces a process and deadlines for handling change order, time extension and payment disputes on private-works construction projects. SB 440 will apply to contracts entered into on or after January 1, 2026, and will remain in effect until January 1, 2030.
What Is Changing?
Construction projects often undergo changes during the construction process that may result in additional costs for labor and materials. Currently, there are no specific processes mandated for resolving change orders on private works of improvement in California. On January 1, 2017, California implemented Public Contract Code section 9204 to provide a claims resolution process for contractors engaged in public works projects, and SB 440 seeks to implement a similar process for private, nonresidential construction projects.
Reprinted courtesy of
Samuel Bucher, Pillsbury,
Marc Coats, Pillsbury and
William S. Hale, P.E., Pillsbury
Mr. Bucher may be contacted at samuel.bucher@pillsburylaw.com
Mr. Coats may be contacted at marc.coats@pillsburylaw.com
Mr. Hale may be contacted at william.hale@pillsburylaw.com
Read the full story...
Kahana Feld Earns Recognition in Five Practice Areas in 2026 Best Law Firms® Rankings
December 15, 2025 —
Eva Paulson - Kahana FeldIRVINE, CA – Nov. 6, 2025 – Kahana Feld is pleased to announce that the firm has been recognized across five practice areas in the 2026 edition of Best Law Firms®. Now in its 16th year, Best Law Firms provides a comprehensive guide to the top-performing firms across 127 practice areas and 188 local jurisdictions.
A listing of Kahana Feld’s 2026 rankings follows:
Orange County
- Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law (Metropolitan Tier 2)
- Litigation – Real Estate (Metropolitan Tier 3)
- Real Estate Law (Metropolitan Tier 3)
New York City
- Litigation – Insurance (Metropolitan Tier 3)
Houston
- Personal Injury Litigation – Defendants (Metropolitan Tier 3)
Read the full story...Reprinted courtesy of
Eva Paulson, Kahana FeldMs. Paulson may be contacted at
epaulson@kahanafeld.com
Measure Twice, Cut (the Check) Once: Liability for Cybercrime and How to Avoid It
December 15, 2025 —
Curt Martin, Richard Volack & Quinn Kuriger - ConsensusDocsThe well-known maxim among carpenters – “measure twice, cut once” – serves as a prudent reminder in the context of construction progress payments, which have become increasingly vulnerable to cybercriminal activity.
Consider the following scenario: a joint venture contractor had been receiving progress payments via wire transfer from the project owner. A cybercriminal infiltrated the contractor’s IT infrastructure, identified a pending invoice, and impersonated an employee to redirect the payment. The hacker initially requested that the funds be sent to a new account in rural New York under the general contractor’s name, rather than to the joint venture’s established Houston account. The owner wisely inquired why it should pay the general contractor and not the joint venture who the owner had paid on the prior twenty-nine progress payments. The hacker quickly corrected its request, submitted a new request that misspelled the joint venture’s name, and specified ACH to a third bank, this time in Florida. Despite these glaring red flags, the owner less wisely wired $460,000 to the hacker’s account.
Reprinted courtesy of
Curt Martin, Peckar & Abramson, P.C. ,
Richard Volack, Peckar & Abramson, P.C. and
Quinn Kuriger, Peckar
“Freelance Isn’t Free” New Regulations Adopted in New York City Requiring Written Contracts with Independent ContractorsTraub Lieberman Attorneys Jessica Burtnett and Jessica Kull Obtain Dismissal of Claim Against Insurance Producer Based Upon Statute o
Colorado Rejects Bill to Shorten Statute of Repose
OSHA Fines Alabama Contractor After Site Manager Electrocuted
Collaborating or Competing with Construction Tech Startups
Court Addresses When Duty to Defend Ends
Nevada Governor Signs Construction Defect Reform Bill
Gordon & Rees Ranked #4 of Top 50 Construction Law Firms in the Nation by Construction Executive Magazine
Do You Have the Receipt? Pennsylvania Court Finds Insufficient Evidence That Defendant Sold the Product
Newark Trial Team Obtains Affirmance of Summary Judgment for General Contractor Client
Insurance Companies Score Win at Supreme Court
West Coast Casualty’s 25th Construction Defect Seminar Has Begun
Sixth Circuit Rejects Claim for Reverse Bad Faith
Perspectives from Pioneers: Kenneth C. Gibbs
Economic Loss Not Property Damage
“Professional Best Efforts” part 2– Reservation of Rights for Engineers who agree to “best” efforts? (law note)
How To Spot a Bad Contractor Before It’s Too Late – Part 1
The Pitfalls of Oral Agreements in the Construction Industry
AEM Pursuing ISO Standard for Earthmoving Grade-Control Data
Mortgage Company Fails to Prove Loss or Entitlement to Damages, Eliminating Recovery
Assembly Bill 1701 Contemplates Broader Duty to Subcontractor’s Employees by General Contractor
Hunton’s Alice Weeks Selected to the Miami Dade Bar’s Circle of Excellence for Insurance Litigation
When a Request for Equitable Adjustment Should Be Treated as a Claim Under the Contract Disputes Act
Condominiums and Homeowners Associations Remain Popular Housing Choices for U-S Homeowners
Construction Robotics: The Sentiment-Implementation Gap
Insurance Policy Provides No Coverage For Slab Collapse in Vision One
Contractor’s Claim for Interest on Subcontractor’s Defective Work Claim Gains Mixed Results
Policyholder Fails to Build Adequate Record to Support Bad Faith Claim
Florida’s Proposed HB 255: A Quiet Shift That Could Reshape Condo Defect Liability
To Require Arbitration or Not To Require Arbitration
Risk-Shifting Tactics for Construction Contracts
Navigating Abandonment of a Construction Project
Insurer Must Cover Construction Defects Claims under Actual Injury Rule
Land a Cause of Home Building Shortage?
San Francisco Bucks U.S. Trend With Homeownership Gains
"Your Work" Exclusion Bars Coverage
To Catch a Thief
In Appellate Division First, New York Appellate Team Successfully Invokes “Party Finality” Doctrine to Obtain Dismissal of Appeal for Commercial Guarantors
Builders Beware: A New Class Of Defendants In Asbestos Lawsuits
Judgment for Insurer Reversed Due to Failure to Establish Depreciation
Suffolk and MassDOT Texts Played Role in State Contract Rebid Controversy
Hanover, Germany Apple Store Delayed by Construction Defects
Meet BWB&O’s 2026 Best Lawyers in America!
US-Mexico Border Wall Bids Include Tourist Attraction, Solar Panels
Kaboom! Illinois Applies the Anti-Subrogation Rule to Require a Landlord’s Subrogating Property Insurer to Defend a Third-Party Complaint Against Tenants
Endorsements Do Not Exclude Coverage for Wrongful Death Claim
Associated Builders and Contractors Northern California Chapter Announces New President/CEO
Party Cannot Skirt Out of the Very Fraud It Perpetrates
Statute of Limitations Upheld in Construction Defect Case
Improper Classification Under Davis Bacon Can Be Costly
How AI and Machine Learning Are Helping Construction Reduce Risk and Improve Margins
OSHA/VOSH Roundup
.php?cdjs=724790040">Traub Lieberman Partners Lisa Rolle, Erin O’Dea, and Nicole Verzillo Win Motion for Summary Judgment in Favor of Property Owner 
