Owners and developers building in California must be aware of a new statute, CA Civil Code § 8850, which takes effect for contracts entered into, on, and after January 1, 2026. The statute will likely apply to most private construction projects; however, a carve-out exists for residential projects that are not mixed use and are
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Fixed Price, Fluid Quantities: The Hidden Risks in Lump Sum Agreements with Variable Units
Lump sum construction agreements are the most basic of the different design-bid-build options: the contractor agrees to complete the entire scope of work for a fixed price, and assumes most of the quantity and cost risks. If the contractor’s actual costs exceed its estimates, the contractor absorbs the loss. Adding a clause into the construction…
The Long-Standing Waiver for Manufactured Products from FHWA’s Buy America Requirements is Phasing Out
By Bill Wilson
Amidst the flurry of tariff threats swirling around the world, the Federal Highway Administration (FHWA) is terminating the waiver known as the Manufactured Products General Waiver from the Buy America requirements found in 23 U.S.C.A § 313. The Buy America regulation requires all federal-aid projects to use only steel, iron, and manufactured products that are…
Under New York Law a Recourse Provision Bars Most Claims Except for Fraud
By Bill Wilson
In Iberdrola Energy Projects v. Oaktree Capital Management L.P., 231 A.D.3d 33, 216 N.Y.S.3d 124, the Appellate Division for the First Department ruled that a nonrecourse provision in a contract barred a plaintiff’s causes of action for tortious interference with contract, unjust enrichment, and statutory violations of a trade practices statute, but not for fraud.…
More Executive Orders Addressing the Size and Authority of the Federal Government
This post was co-authored by Government Enforcement + White Collar Defense Team lawyer David Carney, Capital Markets + Securities Group lawyer Tiange (Tim) Chen, and Antitrust + Regulation team co-chair Jennifer Driscoll.
Executive Order Directing Deregulation and Termination of Certain Regulatory Enforcement Actions
On February 19, 2025, in an executive order titled…
Requirements For Professional Engineers Practicing in Connecticut
By Bill Wilson
Many out-of-state professional engineering companies practice engineering in Connecticut and may not be aware of all the requirements to do so. Connecticut has certain requirements for corporations and limited liability companies (LLCs) engaging in the practice of engineering. The applicable law, General Statutes §§ 20-306a and 20-306b, requires that (1) the personnel who act as…
Executive Order Update on Construction Materials
This post was authored by International team lawyer Kathleen Porter.
Executive Order Adjusting Imports of Aluminum into The United States
On February 11, 2025, in an executive order titled Adjusting Imports of Aluminum into the United States, President Trump increased, from 10% to 25%, the ad valorem tariff rate on imports of aluminum…
First Circuit Broadly Interprets Exclusion in Commercial General Liability Policy Under Current Massachusetts Law
By Bill Wilson
In Admiral Insurance Co. v. Tocci Building Corp., 120 F.4th 933 (1st Cir. 2024), the federal Court of Appeals ruled that, under current Massachusetts law, a general contractor’s Commercial General Liability (CGL) policy does not cover damage to non-defective work resulting from defective work by subcontractors.
The defendant contractor was retained as a construction manager…
Artificial Intelligence’s Transformative Impact on the Construction Industry
Below is an excerpt of an article published in the Q4 2024 edition of the National Organization of Minority Architects Connecticut Chapter (NOMAct) newsletter, which offers insights from Robinson+Cole’s Construction Industry Roundtable.
The construction industry, long viewed as a traditional and labor-intensive sector, is poised to experience a transformational shift with the integration of artificial…
Suit Limitation Provisions in New York
By Bill Wilson
New York law generally enforces a contractual suit limitation that specifies a “reasonable” period of time (usually shorter than the applicable statute of limitations) within which an action must be commenced. The contractual suit limitation needs to be fair and reasonable, given the circumstances of each particular case. The New York Court of Appeals recently…