Jordan Heath | ConsensusDocs This article discusses instances where parties’ actions during the life of a contract can influence a court’s future interpretation of the contract’s terms, or, in some cases, even waive a contract term. While this article doesn’t examine every situation where this might occur, it highlights two different situations that general contractors… Continue reading When Actions (May) Speak Louder Than Words: Inadvertently Altering or Waiving Contract Terms Through Course of Performance
Tag: Construction Contract
Quick Note: Choice of Law Provisions
David Adelstein | Florida Construction Legal Updates It is common for construction contracts to include a choice-of-law provision or language. This is language that says the contract is to governed under the laws of the state of Florida (by way of example). Pick any jurisdiction. There may be other language in the provision, but the… Continue reading Quick Note: Choice of Law Provisions
Notice Provisions in Contracts Matter
David Adelstein | Florida Cosntruction Legal Updates Notice provisions in contracts matter. Oftentimes, contracts or legal documents contain notice provisions. If not, they should. The notice provision should include the address where the notice needs to be sent, any specified person the notice should be addressed to, and the vehicle for the delivery of the… Continue reading Notice Provisions in Contracts Matter
New California Law Caps Retention for Private Construction Projects
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
How to Prepare for 5% Retention in California Construction Contracts
David Norton | Allen Matkins With Governor Newsom’s signature to Senate Bill No. 61 on July 14, 2025, California joined a growing number of states that have passed legislation to cap the amount of retention that owners, contractors, and subcontractors can withhold on private construction projects. Although retention for public projects has long been limited… Continue reading How to Prepare for 5% Retention in California Construction Contracts