How to Properly Fill Out and Use the Unconditional Waiver and Release on Final Payment Form Used in California Construction
January 05, 2026 —
William L. Porter - Porter Law GroupThis is the fourth article in a series of four articles discussing how to properly fill out the four California construction releases described in California Civil Code 8132 – 8138.
Let me start by noting that in addition to practicing construction law for more than 35 years, I chaired the committee of California construction attorneys who revised those sections of the California Civil Code dealing with this release form and many other construction forms as part of Senate Bill 189 in 2010. I also wrote the first version of this release form and made it free to the public well before the new law took effect in 2012. With this background, let me note a few things about the Unconditional Waiver and Release on Progress Payment form to help you avoid mistakes that might prevent you from achieving the intended effect of the form or releasing claim rights to a greater extent than you intend.
Read the full story...Reprinted courtesy of
William L. Porter, Porter Law GroupMr. Porter may be contacted at
bporter@porterlaw.com
CEO: Power Isn’t the Only Electrical Challenge for AI Data Centers
April 14, 2026 —
Francesco "Frio" Iorio - Engineering News-RecordEveryone knows that data centers are voracious consumers of electricity. In fact, the U.S. is currently scrambling to meet unprecedented levels of power demand not seen since
the early days of electrification and the widespread adoption of air conditioning.
Read the full story...Reprinted courtesy of
Francesco "Frio" Iorio, Engineering News-RecordENR may be contacted at
enr@enr.com
CA Civil Code § 8850: What Private Multi-state Owners and Developers Building in California in 2026 Need to Know
January 26, 2026 —
Anand Gupta - Construction Law Zone BlogOwners 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 four stories or less.
When a contractor—or, with proper authorization, a subcontractor—submits a claim related to payment, time extensions, damages, or change orders (encompassing the majority of construction disputes), the owner must provide a written response within 30 days. This response must clearly state which portions of the claim are disputed and which are not. The owner has 60 days from the date of its response to issue payment for those undisputed amounts. Late payments will accrue interest at a rate of two percent per month.
Read the full story...Reprinted courtesy of
Anand Gupta, Robinson & ColeMr. Gupta may be contacted at
agupta@rc.com
The Single Source of Truth in Construction Projects: Reality or Myth?
March 24, 2026 —
Aarni Heiskanen - AEC BusinessThe idea of a single source of truth has been a fundamental part of the digital vision in the AEC industry for many years. From centralized CAD storage to BIM collaboration platforms and, more recently, Common Data Environments, the goal stays the same. Project teams want a reliable place where everyone can access the latest information.
The phrase “single source of truth” comes from database and information management practices in the IT world, where the goal was to maintain one authoritative record of data and eliminate data redundancy. As the AEC industry began adopting digital tools, the same idea was applied to project information and workflows.
Despite decades of technological progress, the question remains whether “one ring that rules them all” can actually be implemented in real construction projects.
Read the full story...Reprinted courtesy of
Aarni Heiskanen, AEC BusinessMr. Heiskanen may be contacted at
aec-business@aepartners.fi
Successful KF Defense Results in Dismissal with Prejudice
January 13, 2026 —
Elliott Wright & William "Pat" Durland - Kahana FeldKahana Feld Partner Elliott Wright and Senior Counsel William “Pat” Durland secured a major victory for their client with a complete dismissal of all claims by establishing that the Plaintiff failed to satisfy the Texas Tort Claims Act’s jurisdictional prerequisites through our Plea to the Jurisdiction.
Our Plea to the Jurisdiction demonstrated that governmental immunity applies unless a Plaintiff can prove a clear and unambiguous statutory waiver, and that the Plaintiff bears the burden of pleading and proving such a waiver. In this case, we showed that the Plaintiff provided no timely statutory notice as required by §101.101 of the TTCA and the City Charter’s six-month notice requirement, making jurisdiction impossible to invoke. Without proper notice—formal or actual—the court has no power to hear the case, and the defect cannot be cured by amendment.
Reprinted courtesy of
Elliott Wright, Kahana Feld and
William "Pat" Durland, Kahana Feld
Mr. Wright may be contacted at ewright@kahanafeld.com
Mr. Durland may be contacted at wdurland@kahanafeld.com
Read the full story...
Substantiating Termination for Convenience Costs
November 09, 2025 —
David Adelstein - Florida Construction Legal UpdatesA termination for convenience clause is an important provision in construction contracts, particularly for the owner. An owner needs the contractual right to terminate a contractor for
convenience. This means the owner does NOT need a reason to exercise a termination. This is night-and-day different from a termination for cause (or default) wherein an owner must have a material basis to exercise that right. Sometimes, the relationship is not where it should be, or not what was expected, or performance does not rise up to the level you require but does not rise up to a material breach. The termination for convenience clause gives the owner the discretion to just end the relationship.
As a contractor, you need to understand the types of damages (costs) you are entitled if an owner exercises the termination for convenience. Don’t overlook this, because if an owner exercises the termination for convenience, you want to make sure you feel like you are protected. This could include a termination for convenience fee. There are a number of ways this can be accomplished, but you need to be sure you are entitled to costs incurred through the date of termination with reasonable overhead and profit, demobilization costs, early return fees, and costs incurred due to the termination. Regardless, keep in mind that it is your burden, as the contractor, to prove these costs with a reasonable degree of certainty.
Read the full story...Reprinted courtesy of
David Adelstein, Kirwin NorrisMr. Adelstein may be contacted at
dma@kirwinnorris.com
Real Estate & Construction News Roundup (4/1/26) – President Trump’s EO Affects Federal Funding, Fannie Mae Accepts Crypto-Backed Mortgages, Private Sector Construction Weakness Offsets Public Sector Gains
April 08, 2026 —
Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law BlogIn our latest roundup, California to pursue office-to-housing conversions, hoteliers to increase investment in artificial intelligence, private credit exodus to boost commercial real estate capital, and more!
- President Donald Trump’s executive order to remove regulatory barriers to affordable home construction could affect federal funding for cities and states that don’t follow what the order calls “regulatory best practices,” including faster permitting, fewer green building mandates and relaxed limits on exurban development. (Robyn Griggs Lawrence, Multifamily Dive)
- California state policymakers have been pursuing policy changes that remove barriers to converting older commercial buildings into housing. (Keith Loria, Construction Dive)
- Private sector weakness largely offset modest gains in public construction spending, despite data center gains. (Sebastian Obando, Construction Dive)
Read the full story...Reprinted courtesy of
Pillsbury's Construction & Real Estate Law Team
Don’t Hire Me! (Principle Is Expensive, and Lawsuits Based on Principle Are Even More Expensive)
February 10, 2026 —
Melissa Dewey Brumback - Construction Law in North CarolinaI spend a lot of time trying to convince my clients to NOT hire me. I’m not crazy—let me explain. Litigation is costly. Very costly. And it is time consuming. Don’t get me wrong—I will go to Court and fight just as hard as you want me to, but I want you to know what you are facing before you go down that road.
Now, obviously, if you are the one that is b
Fundamental Fairness Trumps Contract LanguageLiability Coverage For Construction Claims May Turn On Narrow Factual DistinctionsMiller Act and “Public Work of the Federal Government”Big Policyholder Win in MichiganNEW DEFECT WARRANTY LAWS – Now Applicable to Condominiums and HOAs transitioning from Developer to Homeowner Control. Is Your Community Aware of its Rights Under the New Laws?Learning from Production Homes of the PastRed Tape Is Holding Up a Greener FutureOSHA Launches Program to Combat Trenching AccidentsTo Ask or Not to Ask (Arbitrator Inquiries and the Obligation to Remain Neutral)EPA Fines Ivory Homes for Storm Water PollutionInsured’s Bad Faith Insurance Claim Evaporates Before its EyesBid Protests: The Good, the Bad and the Ugly (Redeux)NYC Supertall Tower Condo Board Sues Over Alleged Construction, Design 'Defects'That Boilerplate Language May Just Land You in Hot WaterRights Afforded to Employees and Employers During StrikesHail Damage Requires Replacement of Even Undamaged SidingSeyfarth’s Construction Team Releases 2025 50-State Notice Requirements Guide for Construction ProfessionalsMore (and Simpler) Options Under New Oregon Retention LawClimate Change a Factor in 'Unprecedented' South Asia FloodsJob Gains a Positive for HousingInsurers' Motion to Knock Out Bad Faith, Negligent Misrepresentation Claims in Construction Defect Case DeniedGordie Howe Bridge Project Team Looks for a Third Period ComebackThe Real Cost of ‘Dirt Cheap’ Walmart & Amazon Tiny Homes: 10 Things Consumers Should KnowEffective Allocation of Damages for Federal Contract ClaimsEEOC Sues Whiting-Turner Over Black Worker Treatment at Tennessee Google ProjectColorado House Bill 1279 Stalls over 120-day Unit Owner Election PeriodGuilty Pleas Draw Renewed Interest In Nevada’s Construction Defect LawsConflict of Interest Accusations may Spark Lawsuit Against City and City ManagerThe Private Works: Preliminary Notice | Are You Using the Correct Form?Trump Budget Would Slash Some Construction Spending, Boost Transportation ProjectsNavigating Tariffs in Construction Contracts: Creative Strategies for Owners and ContractorsHaight has been named a Metropolitan Los Angeles Tier 1 “Best Law Firm” in four practice areas and Tier 2 in one practice area by U.S. News – Best Lawyers® “Best Law Firms” in 2021The Importance of the Recent Amendment to Rule 702 of the Federal Rules of EvidenceA Networked World of BuildingsCar Crashes Through Restaurant Window. Result: Lesson in the History of Additional Insured CoverageWall Street Journal Analyzes the Housing Market DirectionURGENT: 'Catching Some Hell': Hurricane Michael Slams Into FloridaKeep an Eye Out on What Your Insurance Policy and Contract SaysIf You Can’t Dazzle Em’ With Brilliance, Baffle Em’ With BS: Apprentices on Public Works ProjectsChicago Debt Document Says $8.5B O'Hare Revamp May Be DelayedGeneral Contractor’s Ability to Supplement Subcontractor Per SubcontractInsurance Litigation Roundup: “Post No Bills!”Garlock Five Years Later: Recent Decisions Illustrate Ongoing Obstacles to Asbestos Trust TransparencyGovernor Bob Ferguson’s Recent Executive Orders – A Positive Sign for Washington’s Construction IndustryInsurer’s Consent Not Needed for SettlementThe International Codes Development Process is Changing to Continue Building Code ModernizationHow Your Disgruntled Client Can Turn Into Your Very Own Car Crash! (and How to Avoid It) (Law Tips)Negligence Claim Not Barred by Gist of the Action DoctrinePartner Bradley T. Guldalian Secures Summary Judgment Win for National Hotel ChainBridges Need More AttentionAA to Amend their Drone Rules for Real Estate Use
Insurer’s Late Notice Argument Fails Due to Lack of PrejudiceNo Coverage for Property Damage That is Limited to Work Completed by SubcontractorMaximizing Contractual Indemnity Rights: Insuring the Indemnitor's ObligationNo Subrogation, Contribution Rights for Carrier Defending Construction Defect Claim
