Construction Blog

The Construction Law Blog looks at the legal developments shaping projects and the businesses behind them. We share updates on issues we’re seeing across the industry, with context that helps explain why they matter. Subscribe to get new posts in your inbox.

 

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New York’s AVOID Act: What construction contractors should know

When a construction dispute leads to litigation, determining who may be responsible for a claim can take time. Contractors may need to review project documents, investigate alleged defects, consult with design professionals, or evaluate the work of subcontractors and suppliers. A New York law now places greater pressure on defendants to make those decisions earlier. […]

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Surety bonds in Pennsylvania construction: What contractors should know

The contents of this article are based on insights shared in the Fall 2025 issue of Highway Builder, the official publication of the Associated Pennsylvania Constructors (APC). In Pennsylvania, surety bonds are commonly used on public and private construction projects to ensure that work is fully completed and that contractors, subcontractors, and suppliers are paid […]

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Who owns your construction job cost data?

Assets are not always physical. Many of the most valuable assets a company possesses are intangible, including ideas, proprietary processes, and data. In the construction industry, one of the most important of these assets is job cost data. Contractors increasingly rely on cloud-based project management and accounting systems to track project performance. These software-as-a-service (SaaS) […]

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DOL Seeks to Resurrect Independent Contractor Rule from Late Trump 1.0

On February 26, 2026, the Department of Labor, Wage and Hour Division issued a “Notice of Proposed Rulemaking,” revealing its intention to revoke the Biden-era definition of “independent contractor” and reinstate a 2021 rule, with a few modifications. The Proposed Rule would modify the current standard used for identifying which workers are covered as “employees” […]

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Does time run against the king?

Case overview On October 7, 2025, the Pennsylvania Supreme Court heard oral argument in the Clearfield County v. Transystems Corporation, et al. case that was certified for appeal earlier this year. In this case, Clearfield County discovered what it alleges is a major defect in the roof installation of the Clearfield County Jail (the roof […]

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Aloia: Reconsidering the meaning of “lawfully” and application of Pennsylvania’s Statute of Repose

Pennsylvania litigators in the construction world are intimately familiar with the Commonwealth’s Statute of Repose. Enacted in 1976, the statute imposes a complete bar to claims by litigants seeking to hold a builder accountable for defects in construction (as well as design, planning, supervision, or observation thereof) 12 years after completion of construction.  “The Statute […]

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The Pendulum Has Swung – Changes for Federal Contractors Under the Trump Administration

Since 1965, federal contractors have been required to take affirmative action to ensure that they are not discriminating against employees. The affirmative action requirement stemmed from an executive order (11246) issued during the Johnson Administration. That executive order related specifically to taking affirmative action to avoid discrimination on the basis of sex, race, and ethnicity. […]

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Homes for Vets in Harrisburg: Highlighting Two Projects in the Capital Region

We do not often highlight specific projects on this blog, but with the anniversary of 9/11 approaching, it seemed fitting to recognize two development projects in the area that will support our veterans. But first a little background: Given the recent decision of the U.S. Supreme Court in Grants Pass v. Johnson, allowing the enforcement of […]

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