John Knapp | Stinson On April 13, 2026, the Minnesota Court of Appeals issued a precedential decision in Haire-Cochran v. 24 Restore, Inc., reversing a district court’s dismissal of claims against a restoration company and clarifying an important question regarding the scope of the two-year statute of limitations under Minnesota Statutes section 541.051, subdivision 1(a). The… Continue reading Minnesota Court Clarifies Post-Fire Restoration Work Is Not Necessarily an “Improvement”
Month: April 2026
New California Statutes Reshape Retainage and Payment Practices in Private Construction Contracts
Brian G. Corgan | Kilpatrick Townsend & Stockton Effective January 1, 2026, two groundbreaking California statutes will significantly impact private construction contracts executed after this date. The first, California Civil Code § 8811, imposes a strict five percent (5%) cap on retainage for most private projects, fundamentally changing the longstanding practice of parties negotiating retainage… Continue reading New California Statutes Reshape Retainage and Payment Practices in Private Construction Contracts
California Expands 5 Percent Retainage Cap to Private Construction Projects
Connor Cafferty, Joe Watson and Alan J. Watson | Holland & Knight Recent updates to California law impose new limitations on retainage for private construction projects. Under the updated California Prompt Payment Act, retainage on private works is now capped at 5 percent of the contract price.1 This statutory cap carries meaningful enforcement mechanisms. If… Continue reading California Expands 5 Percent Retainage Cap to Private Construction Projects
Supreme Court of Texas Reaffirms Strict Constructive‑Notice Standard in Slip‑and‑Fall Cases
Steven Moreno | Cozen O’Connor Overview In a significant decision for premises owners and occupiers, the Supreme Court of Texas has reaffirmed (and strictly enforced) the evidentiary burden plaintiffs must meet to establish constructive notice in slip‑and‑fall cases. In H‑E‑B, L.P. v. Marissa Peterson, the Court held that evidence of prior roof leaks elsewhere in a… Continue reading Supreme Court of Texas Reaffirms Strict Constructive‑Notice Standard in Slip‑and‑Fall Cases
Spoliation in Construction: Specific Notice Required Before Destroying Evidence
Justin Scott and Alan Schiess | Babcock Scott and Babcock In Utah construction disputes, the disputed work itself is often the best evidence. A cracked retaining wall, failed waterproofing, improperly compacted subgrade, or nonconforming concrete placement may all need to be repaired quickly. But once a claim is pending or reasonably foreseeable, those same conditions… Continue reading Spoliation in Construction: Specific Notice Required Before Destroying Evidence