Joint ventures are a useful means for contractors to spread risk on large-scale infrastructure projects, but a recent U.S. Court of Appeals for the Eleventh Circuit decision highlights the difficulties that arise when joint venturers’ interests diverge. On April 15,
Constructlaw®
Constructlaw®, published by Troutman Pepper Locke, focuses on legal issues related to construction law and arbitration. The blog covers topics such as arbitration procedures and strategies, statutory employer immunity in construction contexts, and the impact of emerging technologies like artificial intelligence on construction dispute resolution. It also addresses contractual and regulatory considerations in large-scale construction projects, including those driven by technological growth such as AI data centers. Additionally, the blog discusses risk management and compliance challenges faced by government contractors, especially during government shutdowns. Overall, the content centers on legal developments, case law analysis, procedural guidance, and industry-specific regulatory trends affecting construction law practitioners and stakeholders.
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EPA’s Draft Contaminant Candidate List Triggers Regulatory Considerations and Opportunities for Drinking Water Treatment Technologies
Last month, the U.S. Environmental Protection Agency (EPA) announced the draft Sixth Contaminant Candidate List (CCL 6) under the Safe Drinking Water Act (SDWA) and released it for public comment. CCL 6 identifies contaminants that are not yet regulated but…
Policymakers Consider Temporary Pause on AI Data Center Construction: What Stakeholders Need to Know
Data center developers and hyperscalers are racing to build artificial intelligence (AI) infrastructure and data centers across the United States.[1] In response, federal and state policymakers have introduced legislative measures targeting rising electricity costs, grid strain, environmental impacts, and…
Pennsylvania Supreme Court Clarifies Bad Faith and Arbitration Exposure for Sureties
The Pennsylvania Supreme Court’s decision in Eastern Steel Constructors, Inc. v. International Fidelity Insurance Co., 2026 WL 457805 (Pa. Feb. 18, 2026), has two immediate consequences for Pennsylvania construction projects: it removes statutory bad faith as a weapon against sureties,…
IEEPA Tariff Refunds May Come With an Unforeseen Cost — Exposure to Consumer Class Actions
The Supreme Court’s February 20, 2026, decision in Learning Resources, Inc. v. Trump upended the legal basis for billions of dollars in tariffs on imports imposed by the Trump administration. The Court held that the International Emergency Economic Powers Act…
Looking Ahead to Avoid a Setback: Lessons Learned From Fourth Circuit’s Denial of Subcontractor’s Third Attempt to Re-Litigate Adjudicated Claims
Construction disputes often arise from long-running projects involving multiple participants with varying roles governed by their separate contracts. Those contracts frequently contain inconsistent dispute resolution processes — some requiring litigation, others mandating arbitration.…
Building on Promises: Under New York Ruling, Extended Warranties Go Further
INTRODUCTION
Latent construction defects can surface years after construction ends. Every defect is different, but they all raise the same question: who is responsible? This is a simple question with no simple answer, and warranty disputes can lead to huge…
Federal and State Policymakers Target AI Data Centers as Electricity Costs and Grid Reliability Concerns Mount
The Trump administration is expected to call on major U.S. technology companies and data center developers to voluntarily commit to a compact designed to ensure power-needy data centers do not raise household electricity prices or undermine grid reliability.[1] The…
Beyond Contract Compliance: Exploring the Professional Standard of Care and Performance Accountability for Construction Managers
Register HereWednesday, February 18 • 1:00 – 2:30 p.m. ET
Jamey Collidge will present as part of an American Bar Association webinar panel “Beyond Contract Compliance: Exploring the Professional Standard of Care and Performance Accountability for Construction Managers” alongside…
Troutman Pepper Locke Partner Zach Torres-Fowler Appointed to Society of Construction Law North America Board of Directors
Troutman Pepper Locke is pleased to announce that Zach Torres-Fowler has been appointed to the Board of Directors of the Society of Construction Law North America (SCL-NA).…