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DIRECTORY AND CAPABILITIES

Groundbreaking New York Law Regulates Third-Party Litigation Funding for the First Time

February 02, 2026 — Nicholas P. Hurzeler - Lewis Brisbois
On December 19, 2025, New York Governor Kathy Hochul signed the Consumer Litigation Funding Act (A804-C/S1104A) into law. The new statute takes aim at abusive third-party litigation funding practices statewide. For years, the unregulated "lawsuit loan" industry has acted as a silent inflator of claim values, forcing plaintiffs to reject reasonable settlement offers in order to pay back exorbitant interest. The new regulatory framework, effective June 17, 2026, introduces caps and transparency measures that may help stabilize settlement negotiations and curb artificially inflated demands. The law does not apply to contracts made before its effective date. Below are some of its most important provisions. Read the full story...
Reprinted courtesy of Nicholas P. Hurzeler, Lewis Brisbois
Mr. Hurzeler may be contacted at Nicholas.Hurzeler@lewisbrisbois.com

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Fixed Price, Fluid Quantities: The Hidden Risks in Lump Sum Agreements with Variable Units

November 21, 2025 — Virginia Trunkes - Construction Law Zone
Lump sum construction agreements are the most basic of the different design-bid-build options: the contractor agrees to complete the entire scope of work for a fixed price, and assumes most of the quantity and cost risks. If the contractor’s actual costs exceed its estimates, the contractor absorbs the loss. Adding a clause into the construction agreement that allows unit quantities to increase or decrease based on actual job quantities creates a mechanism that can reduce the risk of estimating, but it is a clause that should be carefully drafted and closely guarded. There are times when it makes sense for parties to deviate from their lump sum agreement and allow for greater flexibility: when there are uncertainties in site conditions or scope, and/or to reduce disputes over changed conditions. The parties can introduce elements of unit-price contracts into the lump sum framework, either choosing to shift the risk entirely to one party or the other, or sharing the risk, e.g., by including an equitable adjustment clause that allows for a price adjustment if the variation exceeds a certain threshold. Even with that balance, incorporating opportunities for adjustments can favor more than just the contractor: it creates a disincentive for the contractor to inflate unit prices to hedge against quantity risks. Read the full story...
Reprinted courtesy of Virginia Trunkes, Robinson & Cole
Ms. Trunkes may be contacted at vtrunkes@rc.com

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How to Document Changes and Preserve Claims Without Starting a Fight

December 02, 2025 — Kristina Southwell - Ahlers Cressman & Sleight PLLC
Construction is a team sport, but you can play nice while still preserving your contractual rights. In every construction project, changes happen and disagreements arise. The trouble comes when during formal dispute resolution months (or years) later, the parties argue about the basic facts of what the issue was, what was authorized, who knew, and whether notice was given. In formal dispute resolution, the most compelling evidence is the contemporaneous, factual documentation in the project record, but many fail to document these issues for fear of harming the relationship with the owner, general contractor, or subcontractor. This article provides practical guidance on how to document changes and potential claims in a way that preserves relationships and avoids escalation during the project itself. Here’s how to document changes (or your disagreement) to preserve your contract rights and ability to make a claim later, without jeopardizing the working relationship during construction. Read the full story...
Reprinted courtesy of Kristina Southwell, Ahlers Cressman & Sleight PLLC
Ms. Southwell may be contacted at kristina.southwell@acslawyers.com

UPDATED: Dominion Sues Feds Over Offshore Wind Pro

The Construction Gigaprojects Report

October 06, 2025 — Gravel2Gavel Team - Gravel2Gavel Construction & Real Estate Law Blog
Construction “gigaprojects” are initiatives with expenses of well over $1 billion and which involve time periods of well over five years. They are engagements whose extraordinary size, duration and complexity might induce even the most seasoned of project professionals to rethink how they “do contracts.” The prospect of a gigaproject does not so much raise new questions as call for the careful reconsideration of otherwise established answers. What alternative forms of contracting might one use, how might they allocate economic and project risks, and what compensation might drive the parties' behavior? In Construction Gigaprojects, colleague Rob James brings to bear his more than 40 years of experience with complex energy, construction and infrastructure transactions to place the immense array of challenges accompanying such endeavors in perspective. In the report, Rob addresses transfers of risk and schemes of compensation both as a static matter - for an entire engagement - and as a dynamic matter that morphs over different times or among different scopes of work. He considers how good or poor execution can affect the success of a project, no matter what co

Colorado Court of Appeals Confirms: Prevailing Parties Can Recover “Fees on Fees” — Reinforcing Why Builders Should Strike Attorneys’ Fee Clauses From Their Contracts

December 30, 2025 — David McLain - Colorado Construction Litigation Blo

Trump Replaces Architect to Lead $300 Million Ballroom Design

December 30, 2025 — Skylar Woodhouse - Bloomberg
President Donald Trump has tapped a new architect to help plan his $300 million White House ballroom wing, assigning the former lead designer to a consultant role in the high-profile and controversial project. Shalom Baranes Associates, a Washington-based architecture firm, will design the ballroom that will be built in place of the demolished East Wing, according to a White House official. James McCrery, who was previously named to lead the project, will remain in a consulting role. “Shalom is an accomplished architect whose work has shaped the architectural identity of our nation’s capital for decades and his experience will be a great asset to the completion of this project,” White House spokesman Davis Ingle said. Read the full story...
Reprinted courtesy of Skylar Woodhouse, Bloomberg

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Top 10 Take-Aways from the 2025 Fall Forum Meeting in Louisville

October 13, 2025 — Marissa L. Downs - The Dispute Resolver
Last week saw the first-ever meeting of the ABA Forum on Construction Law in Louisville, Kentucky. The event brought together over 500 attorneys, ADR neutrals and consultants for what was the first meeting helmed by incoming Forum Chair, Tracy James. Thanks to the hard work and dedication of countless individuals, including but not limited to Program Coordinators Colbie Campbell and Liz Kraengel, the program was an unbridled success. Focused on all things contract negotiation and project start-up, it was fitting way to kick off the 2025-26 year of programmatic excellence. As usual, the lessons learned were many and varied but read on for my top 10 take-aways. 10. The Kentucky Derby is the most-watched and most-attended horse race in the United States. The iconic Louisville race has been run every year since its inception in 1875. Traditionally held the first Saturday in May as the first leg of the Triple Crown, the Derby is referred to colloquially as the "run for the roses" and "the most exciting two minutes in sports." While the Derby event itself is brief, the Churchill Downs is a bustling city of racing-related activity for most of the year and stables over 1,400 horses annually. Travis Stone (the voice of the Kentucky Derby) and Derby bugler, Steve Buttleman (who has been playing the "call to the post" at Churchill Downs for over 30 years) opened the Fall Meeting in grand style with a live demonstration of their skills and a little bit of Derby spirit. 9. Don't settle for business as usual when it comes to arbitrator selection. When it comes to arbitrator selection in complex disputes, business as usual may no longer cut it. At the Division 1 lunch Wendy Venoit and Sean Dillon spoke of newer, more robust tools which parties can avail themselves to ensure that all of the arbitrator candidates they are presented with have the expertise and calendar availability needed to effectively resolve the dispute at hand. The AAA-ICDR offers an Enhanced Arbitrator Selection process on large, complex cases, which allows parties to receive additional information before making their selections.

Battle Looms as Feds Order Washington State Coal Plant to Stay Open

January 21, 2026 — Tim Newcomb - Engineering News-Record
Just days away from closure and a $600-million remake as a gas-powered facility, an independent power producer-owned coal-fired power plant in Washington state is ordered by the Trump administration to remain open through mid-March 2026—and likely longer—setting up a battle with state and company officials. Shutdown of the 730-MW plant, operating since 1972, was timed to comply with a state law banning coal power generation in 2026 and beyond. Read the full story...Executive Order Addresses Wildfire Rebuilding Delays Through Federal Preemption of State and Local PermittingFebruary 10, 2026 — Olivia LaCasto & Josh Schneiderman - Snell & Wilmer
Quick TakeOn Checks and BalancesMarch 03, 2026 — Garret Murai - California Construction Law Blog
It’s called “checks and balances” for a reason. And, generally, it works well so long as there are clear boundaries between the “co-equal” branches of government. In Associated General Contractors of California, Inc. v. Department of Industrial Relations, 108 Cal.App.5th 243 (2025), the 3rd District Court of Appeals upheld a set of regulations issued by the California Apprenticeship Council that contradicted an earlier 2015 ruling of the Court of Appeals. The Associated General Contractors of California Case At issue in the case was California’s Prevailing Wage Law which requires public works contractors to hire a certain ratio of apprentices. The purpose of the apprenticeship requirements is to maintain the pipeline of skilled tradespeople on taxpayer-funded projects. Read the full story...
Reprinted courtesy of Garret Murai, Nomos LLP
Mr. Murai may be contacted at gmurai@nomosllp.com

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