Thomson Reuters Construction Law (Virginia Practice Series)
March 31, 2026 —
Jennifer L. Harris & Michael A. Branca - Peckar & Abramson, P.C.P&A Partners Michael A. Branca and Jennifer L. Harris have authored the most recent edition (2025) of Construction Law (Virginia Practice Series), part of Thomson Reuters’ ProView legal reference library. Associate
Julia Loudenburg also provided substantial assistance for this edition.
Construction Law includes summaries and analysis of statutes, regulations, and cases. It covers all major legal issues, including:
- Licensing
- Building code compliance
- Public-private partnerships
- Public contract bidding and performance
- Dispute resolution
- Damages
- Third-party liability
- Liens and bonds
Reprinted courtesy of
Jennifer L. Harris, Peckar & Abramson, P.C. and
Michael A. Branca, Peckar & Abramson, P.C.
Ms. Harris may be contacted at jharris@pecklaw.com
Mr. Branca may be contacted at mbranca@pecklaw.com
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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
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Surety Liability Is Coextensive with Its Bond Principal
April 14, 2026 —
David Adelstein - Florida Construction Legal UpdatesA recent Miller act payment bond case, U.S. f/u/b/o Whitetail General Constructors v. Northcon, Inc., 2026 WL 46671 (D.Mont. 2026), contains a short noteworthy discussion as to a surety’s liability being coextensive with that of its bond principal. If you are bonded, or you are pursuing a bond, you need to appreciate this, which is why this is a noteworthy discussion:
A “surety’s liability on a Miller Act bond must be at least coextensive with the obligations imposed by the Act if the bond is to have its intended effect.” “Therefore, ‘the liability of a surety and its principal on a Miller Act payment bond is coextensive with the contractual liability of the principal only to the extent that it is consistent with the rights and obligations created under the Miller Act.’” In other words, “[w]here a subcontract’s terms are consistent with the Miller Act’s provisions, the surety’s liability on the Miller Act bond is coextensive with the contractual liability of its princip[al].”
“The liability of a surety under the Miller Act is controlled by federal law, rather than state contract law[.]” The court may, however, “look to state law when interpreting contractual provisions” in a Miller Act case.
“[T]he measure of recovery under the Miller Act is generally determined by the terms of the subcontract [or underlying contract].”
Northcon, supra, at *4-5 (internal citations omitted).
Read the full story...Reprinted courtesy of
David Adelstein, Kirwin NorrisMr. Adelstein may be contacted at
dma@kirwinnorris.com
Tutor Perini Damages Trial Is Set Over Costly Philadelphia Hotel Floor Slab Problems
December 08, 2025 —
Richard Korman - Engineering News-RecordTutor Perini Building Corp. faces a potentially expensive damages trial next year after a Pennsylvania state court judge ruled in late October that the company breached its contract with the developer of a 51-story downtown Philadelphia hotel on which floor slab deflections delayed curtain-wall installation and added to completion delays and cost overruns.
Read the full story...Reprinted courtesy of
Richard Korman, Engineering News-RecordMr. Korman may be contacted at
kormanr@enr.com
Washington Court of Appeals Narrows Arbitrator Authority in Construction Dispute
November 21, 2025 —
Joshua Lane - Ahlers Cressman & Sleight PLLCIn a recent opinion, Division III of the Washington Court of Appeals clarified arbitrator limits in Reecer Creek Excavating v. SRI-Rochlin Construction JV,
[1] holding that consequential damage waivers are enforceable, fee-shifting depends on who “substantially prevails,” and arbitration awards can be vacated only in narrow circumstances.
Reecer Creek Excavating (“Reecer”) was subcontracted by SRI-Rochlin Construction JV (“SRI”) to perform excavation and paving work on a housing development in Ellensburg, Washington. When payment disputes arose, both parties filed breach-of-contract claims and later agreed to private arbitration. Their arbitration agreement included terms mandating that “the prevailing party shall be entitled to reasonable attorney fees and costs” and providing for an exception to the finality of the award where the arbitrator exceeded its authority.
After a multi-day arbitration, the arbitrator found both parties partly at fault - Reecer for incomplete and defective work, and SRI for withholding certain payments. The net award favored Reecer by about $55,000, with each side ordered to bear its own attorney’s fees.
Read the full story...Reprinted courtesy of
Joshua Lane, Ahlers Cressman & Sleight PLLCMr. Lane may be contacted at
joshua.lane@acslawyers.com
Report: 2023 NYC Crane Fire and Collapse Caused by Failed Hydraulic Hose
December 30, 2025 —
Justin Rice - Engineering News-RecordA disconnected hydraulic hose likely sprayed flammable oil onto a hot surface, igniting a blaze that compromised the luffing system of a tower crane on a busy New York City street, sending its boom crashing 500 ft to the ground, according to a long-awaited investigation into a 2023 crane fire and partial collapse on the west side of Manhattan.
Read the full story...Reprinted courtesy of
Justin Rice, Engineering News-RecordMr. Rice may be contacted at
ricej@enr.com
Why Hurricane Preparedness Isn’t About the Property
November 21, 2025 —
Brad Hill - Construction ExecutiveAlong Florida’s 8,436 miles of shoreline, residents face a persistent threat: hurricanes and the often catastrophic damage these natural weather events inflict. Come late summer and autumn, meteorologist forecasts transition from sun and clear skies to overcast days, high winds and heavy rainfall that signal disaster may be afoot.
The state’s construction industry is particularly sensitive to volatile weather patterns, with real estate developments at high risk of destruction if hurricanes cross their path. And with each significant weather event, the losses are substantial. According to the National Centers for Environmental Information, there were nearly 100 disaster events in Florida with financial losses exceeding $1 billion each between 1980 and 2024.
Reprinted courtesy of
Brad Hill, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
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Shiloh and Vallejo: The DOI Tale of Two Properties
October 20, 2025 —
Heidi McNeil Staudenmaier & Caitlin Vanderkarr - Snell & WilmerCalifornia courts have certainly been busy as of late. In particular, challenges abound as to the Department of the Interior (the DOI) and its decisions to take certain parcels of land into trust for the purpose of rendering such parcels eligible for gaming activities by certain California tribes.
The DOI Shiloh Parcel Dispute
The Shiloh parcel, a tract of land the DOI previously approved as land taken into trust for gaming purposes under the restored lands exception of the Indian Gaming Regulatory Act (IGRA) on behalf of the Koi Nation of Northern California (The Koi), has been the subject of considerable controversy.
Reprinted courtesy of
Heidi McNeil Staudenmaier, Snell & Wilmer and
Caitlin Vanderkarr, Snell & Wilmer
Ms. Staudenmaier may be contacted at hstaudenmaier@swlaw.com
Ms. Vanderkarr may be contacted at cvanderkarr@swlaw.com
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