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
Ninth Circuit Clarifies Viability of Takings Claims Under Arizona’s Unclaimed Property Act
November 09, 2025 —
Ed J. Hermes, Jeremy J. Stewart, Benjamin J. Mills & Emily Statham - Snell & WilmerIn a decision cementing a split with the Tenth Circuit, the Ninth Circuit recently held that property owners’ unclaimed property is not taken in violation of the Fifth Amendment where it is held in trust by the State. See Garza v. Woods, No. 24-1064, 2025 WL 2435221 (9th Cir. Aug. 25, 2025). The district court dismissed plaintiffs’ claims because sovereign immunity barred suit against the Arizona Department of Revenue (“Department”). See Garza v. Woods, No. CV-22-01310-PHX-JJT, 2023 WL 5608414 (D. Ariz. Aug. 30, 2023). The Ninth Circuit reversed this portion of the district court decision and allowed plaintiffs’ takings and due process claims because they plausibly alleged that the Department unconstitutionally seized their property under Arizona’s Unclaimed Property Law (“UPA”).
Arizona’s Unclaimed Property Law
Arizona’s UPA presumes that certain types of property have been abandoned if unclaimed within a statutory period. See Ariz. Rev. Stat. 44-302(A). Holders of presumably abandoned property must send a written notice to the apparent owner, provide a report to the Department, and ultimately deliver the unclaimed property to the Department. Id. 44-302(E), 44-308(A). Though the Department need not provide actual notice to apparent owners that it is in possession of their property, the UPA requires the Department to operate a website that lists the unclaimed property in its possession. See id. 44-309 (A), 44-309(B). The UPA further requires the Department to deposit all unclaimed money in the state’s general fund. Id. 44-313(A).
Reprinted courtesy of
Ed J. Hermes, Snell & Wilmer,
Jeremy J. Stewart, Snell & Wilmer,
Benjamin J. Mills, Snell & Wilmer and
Emily Statham, Snell & Wilmer
Mr. Hermes may be contacted at ehermes@swlaw.com
Mr. Stewart may be contacted at jjstewart@swlaw.com
Mr. Mills may be contacted at bemills@swlaw.com
Ms. Statham may be contacted at estatham@swlaw.com
Read the full story...
Yet Another Reason That Your Contract Matters
February 10, 2026 —
Christopher G. Hill - Construction Law MusingsI have discussed on several occasions the fact that
construction contracts matter. The words in contracts matter and, in Virginia (as well as other states), most provisions, if not all
will be enforced to the letter. Recently, the Western District of Virginia federal court ruled in a way that reminded me of another reason for a well-drafted contract.
In
Rockingham Precast, Inc. v. American Infrastructure – Maryland, Inc. the Western District of Virginia Court considered a motion to transfer the venue to Maryland filed by American Infrastructure. The plaintiff, Rockingham Precast, a Virginia-based company sued in Virginia. American Infrastructure conceded that VA could be a proper forum for the lawsuit but argued that the form was much too inconvenient and costly for the party and non-party witnesses and that the cost made the forum an unfair place to try the case.
Read the full story...Reprinted courtesy of
The Law Office of Christopher G. HillMr. Hill may be contacted at
chrisghill@constructionlawva.com
Snell & Wilmer Partner Jonathan Frank Named Winner of 2025 Connect CRE’s Lawyers in Real Estate Award
January 13, 2026 —
Snell & WilmerORANGE COUNTY — Snell & Wilmer is pleased to announce that Orange County Partner
Jonathan Frank has received the 2025 Connect CRE’s
Lawyers in Real Estate Award, a distinction honoring attorneys who demonstrate excellence in commercial real estate law while making meaningful contributions to the industry and their communities. The award recognizes legal leaders whose expertise, vision, and dedication set them apart, reflecting a career marked by both professional achievement and civic impact.
Read the full story...Reprinted courtesy of
Snell & Wilmer
Navigating Wind and Solar Development Opportunities on State and Private Lands During Uncertain Times for Renewable Energy
February 02, 2026 —
Cara M. MacDonald, Robert G. Howard & Andrew Jacobs - Gravel2Gavel Construction & Real Estate Law BlogRecent executive actions and federal guidance have targeted wind and solar development, creating substantial uncertainty for the U.S.
offshore wind industry and also reshaping the regulatory landscape governing onshore wind and solar development. Wind and solar projects on federal lands are now subject to heightened review processes and enhanced regulatory scrutiny. As a result, many developers are considering opportunities on state-owned and privately held lands rather than federal lands.
2025 Federal Executive Actions Impacting Wind and Solar
At the federal level, renewable energy development on public lands is governed primarily by the Federal Land Policy and Management Act and administered by the Bureau of Land Management. The agency provides rights of way and leases (in designated leasing areas) for energy project development. Despite significant incentives for renewable energy development under the Biden administration, the Trump administration has deprioritized renewable energy in support of traditional energy sources like oil, gas and coal, as well as nuclear and geothermal energy.
Reprinted courtesy of
Cara M. MacDonald, Pillsbury,
Robert G. Howard, Pillsbury and
Andrew Jacobs, Pillsbury
Ms. MacDonald may be contacted at cara.macdonald@pillsburylaw.com
Mr. Howard may be contacted at robert.howard@pillsburylaw.com
Mr. Jacobs may be contacted at andrew.jacobs@pillsburylaw.com
Read the full story...
UPDATED: No Easy Fix for Potomac River Sewage Spill, Now Estimated at $20M
April 08, 2026 —
Jim Parsons & Debra K. Rubin - Engineering News-RecordOne month after a collapsed pipeline north of Washington, D.C., spilled about 240 million gallons of raw sewage into the Potomac River and possibly between 300 and 400 million—which could be the largest wastewater spill in U.S. history—efforts are progressing to clear the damaged section and begin repairs despite weather and other impacts.
Reprinted courtesy of
Jim Parsons, Engineering News-Record and
Debra K. Rubin, Engineering News-Record
Ms. Rubin may be contacted at rubind@enr.com
Read the full story...
How to Document Changes and Preserve Claims Without Starting a Fight
December 02, 2025 —
Kristina Southwell - Ahlers Cressman & Sleight PLLCConstruction is a team sport, but you can play nice while still preserving your contractual rights. In every construction project, changes happen and disagreements arise. The trouble comes when during formal dispute resolution months (or years) later, the parties argue about the basic facts of what the issue was, what was authorized, who knew, and whether notice was given. In formal dispute resolution, the most compelling evidence is the contemporaneous, factual documentation in the project record, but many fail to document these issues for fear of harming the relationship with the owner, general contractor, or subcontractor. This article provides practical guidance on how to document changes and potential claims in a way that preserves relationships and avoids escalation during the project itself.
Here’s how to document changes (or your disagreement) to preserve your contract rights and ability to make a claim later, without jeopardizing the working relationship during construction.
Read the full story...Reprinted courtesy of
Kristina Southwell, Ahlers Cressman & Sleight PLLCMs. Southwell may be contacted at
kristina.southwell@acslawyers.com
Suffolk and MassDOT Texts Played Role in State Contract Rebid Controversy
November 18, 2025 —
Richard Korman - Engineering News-RecordTwo of the controversial text messages were sent on Dec. 10.
John Fish, CEO of Suffolk Construction Co., sent one early to Scott Bosworth, chief development officer for the Massachusetts Dept. of Transportation, about a problem with the Oyster Harbors Bridge near the Oyster Harbors Club on Cape Cod.
Read the full story...Reprinted courtesy of
Richard Korman, Engineering News-RecordMr. Korman may be contacted at
kormanr@enr.com
bbnor
GE to Repay $87 Million for Scaled-Back Headquarters PlanHow to Properly Fill Out and Use the Unconditional Waiver and Release on Final Payment Form Used in California ConstructionAhead of the Storm: Preparing for DorianNew Window Insulation Introduced to U.S. MarketArizona Court of Appeals Decision in $8.475 Million Construction Defect Class Action SuitAI in Construction: What Does It Mean for Our Contractors?Contractors Struggle with Cash & Difficult Payment Terms, Could Benefit From Legal Advice, According to New SurveyA “Flood” of Uncertainty; Massachusetts SJC Finds Policy Term AmbiguousSaudi Arabia Awards Contracts for Megacity Neom’s Worker HousingTermination of Construction ContractsRemodel Leads to Construction Defect LawsuitUPDATED: No Easy Fix for Potomac River Sewage Spill, Now Estimated at $20MGeorgia Law: “An Occurrence Can Arise Where Faulty Workmanship Causes Unforeseen or Unexpected Damage to Other Property”Deterioration of Bridge Infrastructure Is Increasing Insurance NeedsDoes Arbitration Apply to Contemporaneously Executed Contracts (When One of the Contracts Does Not Have an Arbitration Provision)?Bad Faith Claim Dismissed as Insurer’s Actions Found ReasonableApplication Of Two Construction Contract Provisions: No-Damages-For-Delay And Liquidated DamagesReal Estate & Construction News Roundup (05/10/23) – Wobbling Real Estate, Booming (and Busting) Construction, and Eye-Watering Insurance PremiumsTraub Lieberman Attorneys Recognized as 2024 “Top Lawyers” in New York by Hudson Valley MagazineAt Least 46 Killed in Taiwanese Apartment Building InfernoPart of the Whole: Idaho District Court Holds Economic Loss Rule Bars Tort Claims Related to Water Supply Line that was Part of Home PurchaseWhat Is a Construction Defect in California?Gen Xers Choose to Rent rather than BuyWhite and Williams Announces the Election of Five Lawyers to the Partnership and the Promotion of Five Associates to CounselCongratulations to BWB&O’s 2026 Super Lawyers and Rising Stars Honorees!Angela Cooner Named "Top Lawyer" by Phoenix Magazine in Inaugural PublicationJustice Didn’t Ensure Mortgage Fraud Was Priority, IG SaysStop Losing Proposal CompetitionsFlorida “get to” costs do not constitute damages because of “property damage”Home Prices in 20 U.S. Cities Rise Most Since February 2006Ninth Circuit Court Weighs In On Insurance Coverage For COVID-19 Business Interruption LossesHaight Celebrates 2024 New Partner Promotions!Bronx Public Housing Tower Partially CollapsesPrison Time and Restitution for Construction FraudZoning Hearing Notice Addressed by Georgia Appeals CourtConstruction Litigation Group Listed in U.S. News Top TierConstruction and Design Contracts—They Are More Important Than You Might Think! (Law Note)The Goldilocks Rule: Panel Rejects Proposed Insurer-Specific MDL Proceedings for Four Large Insurers, but Establishes MDL Proceeding for the SmallestDaily Reports – The Swiss Army Knife of Project DocumentationHow A Contractor Saved The Day On A Troubled Florida Condo ProjectSchool Board Sues Multiple Firms over Site Excavation ProblemThe Looming Housing Crisis and Limited Government Relief—An Examination of the CDC Eviction Moratorium Two Months InPort Authority Revises Plans for $10B Midtown NYC Bus Terminal ReplacementFormer NJ Army Base $2B Makeover is 'Buzzsaw' of ActivityGRSM Named “Powerhouse in Litigation” in 2026 Industry ReportLien Law Change in IdahoLos Angeles Wildfires Will Cause Significant Insured Losses, Ranking Amongst the Most Destructive in California's HistoryTen-Year Statute Of Repose To Sue For Latent Construction DefectsCalifornia Court of Appeal Finds Alleged Inadequate Defense by Insurer-Appointed Defense Counsel Does Not Trigger a Right to Independent CounselBe Careful with “Green” Construction
