It’s (Not) Discretionary
July 28, 2025 —
Daniel Lund III - LexologyThe New Jersey Appellate Division reversed a lower court’s approval of a contractor’s bid for a county project notwithstanding the omission of a critical document, a “Notice of Classification,” which was required by the New Jersey Department of Transportation (NJDOT).
The County of Gloucester issued a call for bids on a project, explicitly requiring bidders to submit a NJDOT “Notice of Classification” with their bid documents. The low bidder failed to include the Notice. Consequently, the County rejected that contractor’s bid, awarding the contract to the second low bidder. The low bidder contested the rejection, asserting that the omission was a waivable defect.
Read the full story...Reprinted courtesy of
Daniel Lund III, PhelpsMr. Lund may be contacted at
daniel.lund@phelps.com
Federal Court Reaffirms Arbitrators’ Role in Consolidation of Separate Arbitrations
August 12, 2025 —
Brett M. Hill - Ahlers Cressman & Sleight PLLCIn a recent decision from the District of Oregon, the court addressed a growing procedural flashpoint in construction: who decides whether multiple arbitrable claims between different parties should be heard in a single consolidated arbitration proceeding.
In Sacramento Drilling, Inc. v. National Casualty Company[1], Sacramento sought to arbitrate claims simultaneously against its general contractor, White Construction, and its builders risk insurer, National Casualty. National objected, insisting that its dispute with Sacramento - arising under a separate insurance policy - should be arbitrated independently and limited to contract claims. National argued that Sacramento’s subcontract-based claims against White should be resolved in a separate proceeding because they involved a different arbitration clause which had different arbitration procedures. The court disagreed with National, emphasizing that questions about how arbitrations are structured - such as consolidation - are procedural matters for the arbitrators to decide, not the courts.
Read the full story...Reprinted courtesy of
Brett M. Hill, Ahlers Cressman & Sleight PLLCMr. Hill may be contacted at
brett.hill@acslawyers.com
No Alerts Heard in Deadly Texas Flash Flood as 161 Still Missing
July 08, 2025 —
Brian K Sullivan, Kara Carlson & Joe Lovinger - BloombergIn the early hours of July 4, the only sound many of the vacationers along the banks of the
Guadalupe River would have heard was pounding rain and thunder. They didn’t get any official warning of the rapidly rising waters that ultimately proved deadly to dozens of people swept away in central Texas flash floods.
Investigators sorting through the aftermath of a natural disaster that killed more than 100 people and left more than 160 others missing are now trying to put together what happened. They’re seeking to identify when weather forecasters first advised local officials about the potential for catastrophic flooding and what those officials did to spread the message to the thousands of revelers in the area for the Fourth of July holiday weekend. Information has come out in trickles and from anecdotes, with state, county and city authorities so far insisting that their focus must be on rescue and recovery, not an analysis of what went wrong.
Reprinted courtesy of
Brian K Sullivan, Bloomberg,
Kara Carlson, Bloomberg and
Joe Lovinger, Bloomberg Read the full story...
Proving and Defending Against Construction Defect Damages
August 25, 2025 —
David Adelstein - Florida Construction Legal UpdatesRecent decisions in Florida (see
here) have harshly come out against owners in construction defect cases that fail to properly measure their damages as of the date of the breach. The result has been a big “L” for owners in these cases based on an appeal even though the owners won at the trial level.
In a recent case, an owner presented construction defect damages from an expert and prevailed at trial. However, the damages were NOT measured as of the date of the breach, but years after. The appellate court reversed and remanded in favor of the contractor, meaning the owner lost the case.
If you are involved in a construction defect case, make sure the below is instilled in your thought process and analysis because you NEED to know how to prove construction defect damages and defend against construction defect damages:
“Damages for a breach of contract should be measured as of the date of the breach. Fluctuations in value after the breach do not affect the nonbreaching party’s recovery.” Damages are not supported by competent, substantial evidence when damages are assessed for a time other than that of the time of breach.
Read the full story...Reprinted courtesy of
David Adelstein, Kirwin Norris, P.A.Mr. Adelstein may be contacted at
dma@kirwinnorris.com
Unprecedented Times: An Interview Panel With 2025 Top Construction Law Firms
July 15, 2025 —
David McMillin - Construction ExecutiveIn a typical year, construction law doesn’t change all that much—but so far, 2025 has been anything but a typical year. Before the Trump administration reached its first-100-days mark, attorneys were already combing through the language of nearly 130 executive orders. While executive orders are nothing new—President Biden signed more than 160, and President Trump signed more than 200 in his first term—many of the recent actions are fundamentally changing the way that construction firms operate.
How should you manage an uptick in uncertainty? Which cases are moving through the courts that could impact your jobsites? And what can you do to increase your odds of avoiding mediation, arbitration or litigation? There are no easy answers to any of these questions, but following the lead of some of the industry’s brightest legal minds—all of whom practice among CE’s most recent edition of the Top 50 Construction Law Firms—can put you on a course for success.
TARIFF TALK
When the Trump Administration unveiled plans to impose a sweeping new set of tariffs in the spring, the vast majority of construction firms felt a figurative crack in their foundations: In April, around 80% of ABC contractors reported that suppliers had notified them of price increases, and nearly 20% of them had projects paused or interrupted. As leaders continue to worry about what those price increases might do to their business models, they’re spending more time talking to their attorneys.
Reprinted courtesy of
David McMillin, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
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Adapting Standard Construction Forms for Use in Overseas Hospitality Renovations
September 23, 2025 —
Sara Beiro Farabow & Steve Kmieciak - The Construction SeytOne of the earliest issues to decide on a hospitality renovation abroad – whether it’s a branded resort in Europe, a hotel in Asia, or a mixed-use property in Latin America – is the selection of the appropriate project contracts. The design and construction contracts in wide use in the US are sometimes appropriate for adaptation for use abroad.
This was the focus of our recent webinar,
Adapting Standard Construction Forms for Use in Overseas Hospitality Renovations. Below, we outline several of the most significant considerations that arise when U.S. forms cross international borders.
Reprinted courtesy of
Sara Beiro Farabow, Seyfarth Shaw LLP and
Steve Kmieciak, Seyfarth Shaw LLP
Ms. Farabow may be contacted at sfarabow@seyfarth.com
Mr. Kmieciak may be contacted at skmieciak@seyfarth.com
Read the full story...
Building Industry Association of Southern California Announces 2025 Legends Nominees
August 18, 2025 —
The Building Industry Association of Southern CaliforniaIRVINE, Calif., Aug. 15, 2025 /PRNewswire/ -- The Building Industry Association of Southern California (BIASC) is proud to announce the distinguished nominees for the 2025 BIASC Hall of Legends. These individuals have demonstrated extraordinary leadership, innovation, and dedication to advancing the building industry throughout Southern California and beyond.
This distinguished recognition is part of BIASC's prestigious Hall of Legends program, launched in 2023 to commemorate the organization's 100-year anniversary. The BIASC Hall of Legends honors and celebrates exceptional leaders who have made lasting contributions to the homebuilding industry. Each year, a new Legends class is selected through nominations from BIASC's five chapters and councils.
2025 BIASC Legends Nominees:
Jeff Roos - Vice President, Lennar Foundation / National Chair, HomeAid / President, Homeful
Greg McWilliams - Chief Policy Officer, FivePoint
Tom Grable - Former BIASC Chair and Former Division President, Tri Pointe Homes - Orange County-Los Angeles Division
Laer Pearce - President, Laer Pearce & Associates
Leslie Duckett - First American Title
Matt Jordan - Founder and Co-Managing Member, Diversified Pacific Development Group
Frank Williams - Executive Officer, Baldy View Chapter (now San Bernardino County Chapter)
Randall Richards - Executive Vice President, Operations & Sales, Reliable Wholesale Lumber, Inc.
Mitch Brown - Principal Consultant, Senior Housing Consulting
Howard Englander - Owner & President, The Englander Company
Fernanda Luick - President, Eliant
Richard Dunbar - Oakridge Landscape
The 2025 Hall of Legends Honorees will be officially recognized during BIASC's year-end galas corresponding with the chapter by which the inductees were nominated. The Regional and Inland Empire honorees will be inducted at the Installation Gala at the Building Industry Show, taking place at the Renaissance Esmeralda Resort & Spa in Indian Wells - BIASC's biggest and most anticipated event of the year - on September 11th.
For more information on the 2025 Legends program or to register for the Building Industry Show, please visit: https://buildingindustryshow.com/
ABA’s False Claims in Construction Contracts, 2nd Edition
August 18, 2025 —
Michael A. Branca, Patrick J. Greene, Jr. & Abby Bello Salinas - Peckar & Abramson, P.C.Michael Branca, Co-Managing Partner of P&A’s Washington D.C. office,
Abby Bello Salinas, Associate, and
Patrick Greene, Jr., Of Counsel, have co-authored chapters in the
American Bar Association (ABA)’s False Claims in Construction Contracts, 2nd Edition book.
Patrick co-authored Chapter 3, “Elements of a False Claims Act Violation”. The chapter discusses:
- Direct False Claims Act Liability
- Fraudulent Inducement Liability
- “Reverse” False Claims Liability
Michael and Abby wrote Chapter 12, “Corporate Compliance and Ethics Programs for Construction Enterprises”. The chapter discusses:
- What Is “Compliance”?
- Why Should Construction Contractors Be Concerned?
- Federal Laws That Punish Fraud, Waste, and Abuse
Reprinted courtesy of
Michael A. Branca, Peckar & Abramson, P.C.,
Patrick J. Greene, Peckar & Abramson, P.C. and
Abby Bello Salinas, Peckar & Abramson, P.C.
Mr. Branca may be contacted at mbranca@pecklaw.com
Mr. Greene may be contacted at pgreene@pecklaw.com
Ms. Salinas may be contacted at asalinas@pecklaw.com
Read the full story...
