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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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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Indemnification clauses in construction contracts: Who is liable when something goes wrong?

Reprinted with permission from the May 7, 2026, edition of The Legal Intelligencer© 2026 ALM Media Properties, LLC. Further duplication without permission is prohibited. All rights reserved. When a construction dispute arises, one question almost always comes to the forefront: who ultimately bears the financial risk if something goes wrong? For owners, contractors, and subcontractors […]

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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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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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Republicans and Democrats in Harrisburg Are Taking Aim at Pennsylvania’s Housing Affordability and Availability Troubles: Potential Impacts to Builders, Municipalities, and Homeowners

In the years following the Covid-19 Pandemic, the affordability and availability of homes has become a glaring issue in Pennsylvania and beyond, primarily due to rising interest rates, inflation, labor shortages, and an overall shortage of housing supply. In January 2024, housing listings were down nearly 20% and sales dropped more than 3% year-over-year with […]

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DOL Rolls Out Final Rule on Independent Contractors under the FLSA

On January 9, 2024, the U.S. Department of Labor (“DOL”) issued a long-awaited Final Rule that addresses when a worker is properly classified as an independent contractor under the Fair Labor Standards Act (the “FLSA”). Under its new Rule, independent contractors are characterized as those workers who, as a matter of economic reality, are not economically dependent […]

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