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    Construction Law Now Blog

    Blog Category: Contract

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

    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 ...

    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 ...

    Pennsylvania
    What the PA Supreme Court Extending Contractor Liability for Obvious Defects in Completed Work Means for Contractors

    In the construction industry, it is not uncommon for a contractor to be named in a lawsuit due to hidden (latent) defects in its work that injure a third party long after the work has been completed and turned over to the owner. For example, if ...

    Contract
    How PA’s Proposed Anti-Indemnification Statute May Affect the “Belt-and-Suspenders” Approach to Risk Transfer in Construction Contracts
    BY Jonathan A. Cass

    In a January 2021 memorandum, Pennsylvania State Representatives Todd Stevens and Michael Driscoll reintroduced a bill that, if passed, would amend 68 P.S. § 491 to significantly limit the breadth of indemnification provisions in construction ...

    Transportation
    Supply-Chain Delays—Tactics for Recovering From an Out-of-Control Project
    BY Michael F. McKenna, Jennifer R. Budd

    For contractors trying to navigate the construction industry’s current supply-chain battles, President Dwight D. Eisenhower once articulated advice that, although not about the industry’s problem, is still right on point: “In preparing for ...

    Contract
    The Building Blocks of Modular Construction: Contractual and Lien Considerations
    BY Michael I. Schwartz

    An emerging construction industry trend, modular construction promises improved construction quality, greater building efficiency, and reduced overall cost—all objectives high among any contractor’s project goals. Investment leader Warren ...

    Mechanics' Liens
    Mechanic’s Liens in DC, Maryland, and Virginia – Don’t Wait to Exercise Your Rights
    BY Jackson S. Nichols

    Welcome to the DMV Construction Law Series, where each month we will examine a different set of legal issues important to contractors. Our first entry in the series discusses the timing of filing mechanic’s liens. Future posts will explore ...

    Contract
    A Contractor’s Guide for Protection During the Coronavirus Pandemic
    BY Lane F. Kelman

    The coronavirus pandemic is causing ongoing instability and uncertainty to the global economy. Already, there is a profound alteration of worldwide business operations, including the U.S. construction industry. Government restrictions are limiting ...

    Insurance
    When Does Indemnification in a Construction Contract Go Too Far? A Brief Analysis of Proposed Amendment of 68 P.S. § 491
    BY Michael I. Schwartz

    Construction contract indemnification clauses may get turned topsy-turvy due to legislation making its way through the Pennsylvania Assembly. Currently, Pennsylvania’s anti-indemnification statute applies to certain, limited instances. The ...

    Contract
    New Maryland Law Exposes General Contractors and Subcontractors to Greater Wage and Hour Liability
    BY Jackson S. Nichols

    Effective October 1, 2018, general contractors with projects in Maryland will have a new headache to deal with. That’s when Maryland’s new law, the General Contractor Liability for Unpaid Wages Act, will go into effect. Under the Act, GCs will ...

    Cohen Seglias
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