Texas Voids Out-of-State Forum and Choice of Law Clauses in Construction Contracts
March 17, 2026 —
Conor G. Bateman - Snell & WilmerThe Texas Legislature amended statutes impacting construction contracts for projects located in Texas to declare any forum selection clause or choice of law provision “void as against public policy,” and mandate venue for any litigation or arbitration shall be in the Texas county in which the work is performed. The parties may stipulate to a different venue only after the dispute arises.
Forum selection clauses and choice of law provisions are common in construction contracts. Frequently, general contractors based in other jurisdictions require subcontractors to sign contracts designating the contractor’s preferred venue for any dispute. These contracts may also select the law of another state to govern the contract.
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Conor G. Bateman, Snell & WilmerMr. Bateman may be contacted at
cbateman@swlaw.com
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.
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Richard Korman, Engineering News-RecordMr. Korman may be contacted at
kormanr@enr.com
US Energy Dept. Withdraws Federal ‘Zero-Emissions Building’ Definition
December 22, 2025 —
Bryan Gottlieb - Engineering News-RecordThe U.S. Dept. of Energy has
withdrawn the Biden-era federal definition of a “zero-emissions building,” marking another step in the Trump administration’s rollback of climate-focused initiatives and creating uncertainty for states, cities and owners that had informally used the guidance in project planning.
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Bryan Gottlieb, Engineering News-RecordMr. Gottlieb may be contacted at
gottliebb@enr.com
Traub Lieberman Attorneys Recognized as 2025 New York – Metro Super Lawyers® and Rising Stars
January 06, 2026 —
Traub LiebermanTraub Lieberman is pleased to announce that seven Partners from the New York office have been selected to the 2025 New York - Metro Super Lawyers list and one associate has been listed in the 2025 New York – Metro Rising Stars.
2025 New York – Metro Super Lawyers
- Copernicus Gaza – Insurance Coverage
- Jonathan Harwood – Professional Liability
- Lisa Rolle – Construction Litigation
- Hillary Raimondi – Employment Litigation
- Christopher Russo – Professional Liability
- Lisa Shrewsberry – Professional Liability
- Stephen Straus – Insurance Coverage
2025 New York – Metro Rising Stars
- James Wise – Insurance Coverage
Lisa Shrewsberry was also selected to the Top 25: 2025 Westchester County Super Lawyers® list.
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Traub Lieberman
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.
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David Adelstein, Kirwin NorrisMr. Adelstein may be contacted at
dma@kirwinnorris.com
Employer’s Liability Exclusion Bars Coverage
November 18, 2025 —
Tred R. Eyerly - Insurance Law HawaiiThe court held the policy’s Employer’s Liability Exclusion precluded coverage for the injured individual who was deemed to be an employee of the insured. Craft v. Access L.L.C., 2025 U.S. Dist. LEXIS 179794 (W.D. La. Sept. 2, 2025).
Charles Craft worked for FL Crane & Sons, Inc.. The general contractor of the project, Lemoine Company, LLC, hired FL Crane to do work on the project. Lemoine rented a crane from Morrow Equipment Company, LLC, and hired a crane operator from Skyhook Ops, LLC. Burlington was Skyhook’s insurer.
Craft claimed his left arm was injured while working atop a scaffolding when Skyhook caused the scaffolding system to be pulled apart when operating a crane.
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Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
Navigating Turbulent Waters Ashore: Insurance Lessons from a Navy Project Dispute
February 02, 2026 —
Cary D. Steklof & Torrye Zullo - Hunton Insurance Recovery BlogAs we ring in the New Year, one thing remains the same: understanding the definitions and conditions in your insurance policy is critical. In a recent decision, a Florida federal court in
Ohio Security Insurance Co. v. E Kelly Enterprises Inc. et al., No. 3:22-cv-24754, held that an insurer had no duty to defend or indemnify a general contractor and no duty to indemnify a subcontractor for damages from defective work on a naval base, based on the policy’s definition of “suit,” “property damage,” and allocation requirements. The decision highlights the importance of numerous issues in the context of commercial general liability policies, including the nuances of policy definitions, obtaining insurer consent when necessary, and allocation between covered and uncovered claims.
Background
In October 2014, a general contractor (“GC”) was awarded a contract by the Navy to renovate buildings at the Naval Air Station in Pensacola. The GC subcontracted work to various subcontractors, including metal framing and drywall, to a subcontractor named EKE.
Reprinted courtesy of
Cary D. Steklof, Hunton Andrews Kurth LLP and
Torrye Zullo, Hunton Andrews Kurth LLP
Mr. Steklof may be contacted at csteklof@hunton.com
Ms. Zullo may be contacted at tzullo@hunton.com
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Elliott Backed Venture Sues Lloyds Over Avant Cladding, Times Reports
February 17, 2026 —
Eamon Farhat - BloombergElliott Investment Management and British housing tycoon Jeff Fairburn, joint-venture partners in UK homebuilder
Avant Homes Group, are suing
Lloyds Banking Group Plc over who should pay to fix properties that fail to meet post-Grenfell fire-safety standards, the Times reported.
Avant, which faces remediation costs of at least £107 million ($146 million) for potentially dangerous cladding, argues that Lloyds should shoulder part of the bill because most of the developments were built before 2014, when the homebuilder was under the bank’s ownership, the Times reported.
Cladding has become a contentious issue in the UK following the Grenfell Tower fire in June 2017, in which dozens died after flames spread rapidly through flammable exterior cladding on the West London high-rise, laying bare deep failures in Britain’s
John O’Meara is Selected as America’s Top 100 Civil Defense LitigatorsSpotting Problem ProjectsResulting Loss Provision Does Not Salvage Coverage<
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