John Mark Goodman and W. Hunter Webb | BuildSmart The Eighth Circuit Court of Appeals has affirmed a jury verdict finding that a developer and its founder defrauded a contractor by misrepresenting the availability of construction funding. See Selective Ins. Co. of Am. v. Heritage Const. Cos. et al, Case No. 24-2333, 2026 WL 263591 (D.… Continue reading Developer Liable to Contractor for Misrepresentations Regarding Project Funding
Tag: construction
California’s Retention Reform on Private Construction Projects
Michael T. McKeeman | The Construction Seyt Retention has long been a contentious issue in California construction. Traditionally, owners withheld retention of 10% from each progress payment until completion, arguing it was necessary to ensure performance, quality and timely delivery. Contractors and subcontractors, however, often struggled with cash flow, payroll, and material costs while waiting… Continue reading California’s Retention Reform on Private Construction Projects
Using AI to Improve Safety: Managing the Legal Risks Alongside the Benefits
Brandon Brigham, Kaiser Chowdhry, Thomas Cullen Wallace and Mitchell Knafo | Morgan Lewis Artificial intelligence (AI) is becoming a powerful tool in workplace safety programs—but its use also raises complex legal and governance questions. This Insight examines how employers can integrate AI into safety decision-making while preserving human judgment, meeting regulatory obligations, and managing enforcement… Continue reading Using AI to Improve Safety: Managing the Legal Risks Alongside the Benefits
Groundhog Day Delay Claims in Construction Projects
Avi Sharma and Ashleigh Marshall | Delta Consulting Group In the film Groundhog Day, every February 2nd starts the same way: the same alarm, the same song, the same mistakes—until the movie’s protagonist Phil Connors realizes the problem isn’t the day, it’s him. Many construction projects experience the same phenomenon. Month after month, the same delay… Continue reading Groundhog Day Delay Claims in Construction Projects
Washington State Seeks Input on New Excavation, Trenching, and Shoring Work Plan Rules
Adam Pankratz and Remy Smith | Ogletree, Deakins, Nash, Smoak & Stewart Washington’s Division of Occupational Safety and Health (DOSH) is moving to make changes to its excavation, trenching, and shoring standard, and they want to hear from employers. On February 10-12, 2026, Washington’s State Department of Labor & Industries will hold public hearings on DOSH’s proposal… Continue reading Washington State Seeks Input on New Excavation, Trenching, and Shoring Work Plan Rules