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A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
    March 31, 2026 / Publications
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    Construction Law Now Blog

    Construction Law Now provides the rapidly changing construction industry and those operating within it with timely and relevant information as well as practical commentary and analysis from the Cohen Seglias Construction Group.

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    Mechanics' Liens
    New York Lien Law and “Creative” Liens: When Your Client Tries to Lien for Showering and a Barbecue
    BY Paul V. Lucas, Jr.

    As construction attorneys, we often come across exaggerated mechanics’ liens and sometimes “creative” liens. We also know that Lien Law § 3 is our north star, protecting those who perform labor or furnish materials for the “improvement ...

    Construction
    The AVOID Act: A Fundamental Shift in New York Construction Litigation

    On December 19, 2025, Governor Kathy Hochul signed the “Avoiding Vexatious Overuse of Impleading to Delay” (AVOID) Act, ushering in one of the most significant changes to New York third-party practice in recent years. The statute, which amends ...

    Bidding
    Historic Growth in the Lehigh Valley: How Cohen Seglias Can Help Prepare Your Firm for the $3.5 Billion Lilly Project
    BY Matthew J. Hentz

    The Lehigh Valley is entering a transformative new chapter. Cohen Seglias is pleased to recognize Eli Lilly and Company’s selection of Fogelsville, Pennsylvania, for its new $3.5 billion pharmaceutical manufacturing campus. As the largest life ...

    Construction Law Now
    Pennsylvania’s 2026 Building Code Update: What It Means for Your Upcoming Projects
    BY Lisa M. Wampler

    Pennsylvania has moved into a new regulatory era with the statewide adoption of the 2021 International Codes (I‑Codes), which became effective on January 1, 2026, as part of the latest Uniform Construction Code (UCC) update. This change affects ...

    Claims
    Subcontractor Record-Keeping and Inefficiency Claims
    BY Matthew R. Skaroff

    Labor inefficiency or lost productivity on a construction project occurs when the actual labor hours required to perform work take longer than anticipated because of some outside impact. When a subcontractor experiences inefficiency because of an ...

    Contract
    Void and Unenforceable: New York’s Final Word on the 5% Retainage Limit for Private Projects

    The landscape of the New York construction industry has shifted significantly with the enactment of Senate Bill S5655. Signed by Governor Kathy Hochul on December 19, 2025, this legislation further amended the state’s Prompt Payment Act to ensure ...

    Claims
    Navigating Nor’easter Impacts and Protecting Your Contractual Rights: The Nor’easter’s Impact on Project Operations
    BY Dylan P. Wallace

    The recent Nor’easter and large snow/ice storms are more than a logistical headache to contractors and subcontractors up and down the east and beyond; they bear significant cost considerations. The current weather impacts have triggered project ...

    Bidding
    Governor Phil Murphy Signs New Jersey’s Publics Works Contractor Registration Act into Law
    BY Timothy R. Ryan, Clifford C. David

    On January 12, 2026, Governor Phil Murphy signed S-4281 (substituted by A-4006) into law, updating New Jersey’s Public Works Contractor Registration Act. The new statute meaningfully changes how partnerships and joint ventures (JVs) may pursue ...

    Ohio
    Navigating Ohio’s New E-Verify Mandate: A Guide for Construction Firms
    BY John A. Greenhall, Matthew J. Hentz

    The landscape of the Ohio construction industry has shifted significantly with the enactment of the E-Verify Workforce Integrity Act (House Bill 246). The law (Ohio Rev. Code Ann. §4151.01 et seq.) introduces mandatory employment verification for ...

    Bidding
    Influence the Outcome: A Contractor’s Guide to NJDOT’s Proposed Bidding Rules
    BY Jennifer R. Budd, Matthew J. Hentz

    The New Jersey Department of Transportation (NJDOT) recently proposed extensive amendments to the regulations governing public bidding. While these changes are aimed at revising the prequalification framework and updating the bidding provisions, ...

    Material Escalation
    Managing Construction Contracts in an Era of Tariffs and Escalation

    Tariffs, trade tensions and material cost escalations are more than just headlines—they are challenges that contractors face every day. In our recent Q&A webinar, we tackled contractors’ pressing questions on protecting themselves from these ...

    Bidding
    White Lie Or Wire Fraud? Why Contractors Must Carefully Follow Contract Requirements

    Can deception used to secure a construction project bid constitute mail or wire fraud, even if there was no intent to financially harm the bid solicitor or even lower the project’s cost? That’s one of the questions the United States Supreme ...

    Material Escalation
    Tariffs and Material Escalation Terms During Trump 2.0
    BY Matthew C. Long

    During the first Trump administration and the pandemic, contractors frequently demanded contract terms allowing price adjustments if the cost of materials increased due to tariffs or pandemic-era supply chain disruptions. These terms were vital to ...

    New York
    Don’t Get Caught Off Guard: Are Your Contracts and Construction Practices New York Compliant?

    Recent updates to New York’s already complex construction laws require owners, developers, general contractors and subcontractors to revisit their construction contracts to ensure compliance with current New York law and limit unnecessary risk. ...

    Virginia
    Navigating the Virginia Public Procurement Act: Essential Claim Deadlines and Pitfalls
    BY Matthew C. Long

    Nearly all construction contracts contain terms dictating when and how a contractor must pursue claims for contractual relief. However, these terms are not always strictly enforced. A contractor’s failure to timely submit a claim may not prevent ...

    Construction Disputes
    Negotiating Construction Disputes: Lessons Learned from “Getting to Yes”
    BY Robert G. Ruggieri

    Disputes are a fact of life in the construction industry. As a practicing construction attorney for twenty years, both with a law firm and in-house at a national construction contractor, I have negotiated and helped resolve hundreds of construction ...

    Transportation
    Exploring Major Certification Changes in the USDOT’s DBE Program
    BY Lori Wisniewski Azzara

    The United States Department of Transportation (DOT) announced on April 9, 2024 significant updates to the Disadvantaged Business Enterprise (DBE) program regulations that are set to go into effect on May 9, 2024. The rulemaking process began on ...

    Infrastructure
    Finally—A De Minimis Exemption for Buy America
    BY Jennifer R. Budd

    In November 2021, Congress passed the bipartisan Infrastructure Investment and Jobs Act (IIJA), pledging to invest $1 trillion into new infrastructure nationwide. For more than 40 years, the Build America Buy America Act (Buy America) has required ...

    OSHA
    Final Warning: Are You Complying with OSHA’s New Reporting Requirements?
    BY Joseph L. Sine

    In July 2023, the U.S. Department of Labor announced a new rule expanding the injury and illness reporting requirements for many construction companies. The new rule, which went into effect on January 1, 2024, requires companies in certain ...

    Payment
    PA Supreme Court to Decide Scope of Payment Bond Sureties’ Liability in Eastern Steel Constructors, Inc. v. International Fidelity Insurance Co. Appeal

    The Pennsylvania Supreme Court has agreed to hear an appeal of the case Eastern Steel Construction, Inc. v. International Fidelity Insurance Co., in which the Pennsylvania Superior Court clarified the claims that a subcontractor may bring, as well ...

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