Joint ventures are a useful means for contractors to spread risk on large-scale infrastructure projects, but a recent U.S. Court of Appeals for the Eleventh Circuit decision highlights the difficulties that arise when joint venturers’ interests diverge. On April 15, 2026, the court decided Lane Construction Corporation v. Skanska USA Civil Southeast, Inc.,[1] addressing
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EPA’s Draft Contaminant Candidate List Triggers Regulatory Considerations and Opportunities for Drinking Water Treatment Technologies
Last month, the U.S. Environmental Protection Agency (EPA) announced the draft Sixth Contaminant Candidate List (CCL 6) under the Safe Drinking Water Act (SDWA) and released it for public comment. CCL 6 identifies contaminants that are not yet regulated but are known or anticipated to occur in public water systems and may require future regulation.…
Policymakers Consider Temporary Pause on AI Data Center Construction: What Stakeholders Need to Know
Data center developers and hyperscalers are racing to build artificial intelligence (AI) infrastructure and data centers across the United States.[1] In response, federal and state policymakers have introduced legislative measures targeting rising electricity costs, grid strain, environmental impacts, and AI-driven job losses.[2] The most aggressive of these is a moratorium on data center…
Pennsylvania Supreme Court Clarifies Bad Faith and Arbitration Exposure for Sureties
By Bob Gallagher & Emily Clark
The Pennsylvania Supreme Court’s decision in Eastern Steel Constructors, Inc. v. International Fidelity Insurance Co., 2026 WL 457805 (Pa. Feb. 18, 2026), has two immediate consequences for Pennsylvania construction projects: it removes statutory bad faith as a weapon against sureties, but confirms that sureties can still be held directly liable for arbitration awards entered against…
Looking Ahead to Avoid a Setback: Lessons Learned From Fourth Circuit’s Denial of Subcontractor’s Third Attempt to Re-Litigate Adjudicated Claims
Construction disputes often arise from long-running projects involving multiple participants with varying roles governed by their separate contracts. Those contracts frequently contain inconsistent dispute resolution processes — some requiring litigation, others mandating arbitration.…
Building on Promises: Under New York Ruling, Extended Warranties Go Further
INTRODUCTION
Latent construction defects can surface years after construction ends. Every defect is different, but they all raise the same question: who is responsible? This is a simple question with no simple answer, and warranty disputes can lead to huge losses for owners and contractors alike: owners are forced to pursue warranty claims and risk…
Federal and State Policymakers Target AI Data Centers as Electricity Costs and Grid Reliability Concerns Mount
The Trump administration is expected to call on major U.S. technology companies and data center developers to voluntarily commit to a compact designed to ensure power-needy data centers do not raise household electricity prices or undermine grid reliability.[1] The initiative comes amid a nationwide surge in energy demand, driven largely by the rapid proliferation…
Beyond Contract Compliance: Exploring the Professional Standard of Care and Performance Accountability for Construction Managers
Register HereWednesday, February 18 • 1:00 – 2:30 p.m. ET
Jamey Collidge will present as part of an American Bar Association webinar panel “Beyond Contract Compliance: Exploring the Professional Standard of Care and Performance Accountability for Construction Managers” alongside Andrew Drobnis and Patrick Jaroski of Ankura and Ethan Tiegler of Consigli Construction Co. The…
Troutman Pepper Locke Partner Zach Torres-Fowler Appointed to Society of Construction Law North America Board of Directors
Troutman Pepper Locke is pleased to announce that Zach Torres-Fowler has been appointed to the Board of Directors of the Society of Construction Law North America (SCL-NA).…
New York Further Tightens 2023 Retainage Law: 5% Cap on Retainage Cannot Be Increased in Private Construction Contracts
On December 19, 2025, Governor Kathy Hochul signed Senate Bill S5655 further amending New York’s Prompt Payment Act to render void any provision in a private construction contract exceeding $150,000 that requires retainage of more than 5% of the contract sum.[1]…