Retention has long been a contentious issue in California construction. Traditionally, owners withheld retention of 10% from each progress payment until completion, arguing it was necessary to ensure performance, quality and timely delivery. Contractors and subcontractors, however, often struggled with cash flow, payroll, and material costs while waiting months—sometimes even years—for withheld retention.
The Construction Seyt
Practical Updates in Construction Law
Latest from The Construction Seyt - Page 2
Brenda Radmacher and Jay Houghton to Present at the Beverly Hills Bar Association
On Friday, February 20, 2026, Brenda Radmacher and Jay Houghton will present a live webinar to the Beverly Hills Bar Association (BHBA). Their presentation, “SB 440 and the Fair Payment Act: What Construction Lawyers Need to Know for 2026,” is based on their recent Daily Journal article and will explore key developments under SB 440 and the…
Daily Journal Features Article by Brenda Radmacher and Jay Houghton on California’s Fair Payment Act
The Daily Journal published an article on December 11, 2025 by Brenda Radmacher and Jay Houghton: “How California’s Fair Payment Act will reshape construction disputes in 2026.” The piece discusses California’s new Private Works Change Order Fair Payment Act, which will apply to private construction contracts entered into on or after Jan. 1, 2026.…
Adapting Standard Construction Forms for Use in Overseas Hospitality Renovations
One 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…
Jay Houghton Writes on Making Construction Contracts State-Law Compliant in American Bar Association
By Jay Houghton
Seyfarth’s Jay Houghton authored an article, “Navigating The Complexities Of Multi-State Contracting: How To Ensure Your Construction Contract Provisions Comply With State Law,” in the American Bar Association’s Spring issue of ‘Under Construction.’ Houghton discussed how various states regulate construction contracts, highlighting the differing impacts their laws have on private contract provisions.
“Ultimately, construction attorneys will be…
Theories of Surety Liability Under the False Claims Act
In their most recent article, Seyfarth’s Anthony LaPlaca (Construction) and Teddie Arnold (Government Contracts) team up to address the evolving legal landscape surrounding surety liability under the False Claims Act (FCA). Through a review of key judicial decisions, Anthony and Teddie highlight how government whistleblowers have managed to sustain fraud claims against sureties, emphasizing the…
Seyfarth’s Construction Team Releases 2025 50-State Notice Requirements Guide for Construction Professionals
Seyfarth’s Construction team is pleased to announce the release of the 2025 edition of our 50-State Lien Law Notice Requirements Guide, a must-have resource for commercial contractors, real estate developers, and construction professionals navigating lien notice obligations across the United States.
This comprehensive desktop reference provides a state-by-state overview of lien notice requirements, including general timing and…
Seyfarth’s Brenda Radmacher Presents at Construction Defect and Insurance Conference
Last week, Seyfarth’s Brenda Radmacher presented at West Coast Casualty’s 31st Annual Construction Defects Conference. Along with other industry leaders in the construction industry, Brenda provided professional tips on how to best manage risk, avoid, and mitigate construction disputes. The key takeaways include:…
Anthony LaPlaca Selected as a 2025 Go-To Construction Lawyer by Massachusetts Lawyers Weekly
Anthony LaPlaca, Construction partner in Seyfarth’s Boston office, was chosen as a Go-To Construction Lawyer by Massachusetts Lawyers Weekly (MLW) for 2025, recognizing him as one of “the top construction lawyers across the commonwealth.”
In LaPlaca’s profile, MLW writes:
“LaPlaca has spent his entire career litigating complex construction and design disputes across the country. While he primarily…
Construction Laws and Customs: District of Columbia
Seyfarth’s Anthony LaPlaca, Teddie Arnold, and Jason Smith recently published the 2025 annual update of the Thomson Reuters state law survey of construction laws and customs for the District of Columbia. This survey contains questions and answers about frequently asked questions concerning construction projects governed by D.C. law, including prompt pay and retainage requirements, stop work…