John Brucker, Scott Greer and Gregg Jacobson | King & Spalding California has enacted Senate Bill 61 (“SB-61”), a significant piece of legislation that directly impacts owners and developers of private construction projects in the state. Signed into law on July 24, 2025, SB-61 establishes a mandatory cap on retention payments for most private construction… Continue reading New California Law Caps Retention for Private Construction Projects
Category: Construction
Colorado American Dream Act: Condominium Construction Defect Procedures
Bob Burton, Will Smith and Kristi Stotts | Winstead Colorado’s housing shortage—particularly in the for-sale condominium market—has been driven in part by the high cost and unpredictability of construction defect litigation. In 2025, the General Assembly enacted House Bill 25-1272, the Colorado American Dream Act, to address these barriers and encourage new condominium development. The… Continue reading Colorado American Dream Act: Condominium Construction Defect Procedures
Exhaustion of Remedies: Owner Defeats Subcontractor’s Unjust Enrichment Claim
John Mark Goodman | BuildSmart A federal judge in Oregon has tossed a subcontractor’s unjust enrichment or “quantum meruit” claim against the owner because the subcontractor did not first exhaust its contractual remedies against the contractor. Exhaustion of remedies is a common legal doctrine that generally requires parties to pursue relief in a particular order.… Continue reading Exhaustion of Remedies: Owner Defeats Subcontractor’s Unjust Enrichment Claim
Contract Enforcement and Licensing Requirements in Residential Construction: Differences from Florida and New York Courts
Jose A. Aquino | Duane Morris Home construction and improvement projects in the U.S. are governed state and local laws that require contractors to be properly licensed and registered. These laws are designed to protect homeowners and maintain industry standards. Whether building a new home or renovating an existing one, contractors are typically required to… Continue reading Contract Enforcement and Licensing Requirements in Residential Construction: Differences from Florida and New York Courts
Contractor Licensing Issue Voids Construction Loan in Georgia
Clayton Swears | Hudson Cook A recent case out of Georgia involved a contractor’s licensing failure voiding the construction loan that was financing the project. However, there was a twist….well, several twists—a contractor who was also a lender, an end-of-the-world bunker, and a property that couldn’t be developed. Although the facts were unusual, the case… Continue reading Contractor Licensing Issue Voids Construction Loan in Georgia