On December 19, 2025, Governor Kathy Hochul signed Senate Bill S5655 further amending New York’s Prompt Payment Act to render void any provision in a private construction contract exceeding $150,000 that requires retainage of more than 5% of the contract
Constructlaw®
Construction Law Review is an update and discussion of current trends in construction law
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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Court Rules Mediation Clause Lacks Condition Precedent Language: Key Lessons for Construction Contracts
Eastern District of Pennsylvania Decision Highlights Critical Contract Drafting Issues
A recent federal court decision is an important reminder for construction industry professionals about the precise language needed to make mediation a mandatory step before litigation. On November 18, 2025,…
The AI Arbitrator: What It Is, What It Isn’t And Where It’s Going
This article was originally published on December 15, 2025 on Law360 and is republished here with permission.
For years, arbitration users have sent a consistent message: They want faster, more predictable, and more cost-effective processes without sacrificing quality and fairness.…
Pennsylvania Supreme Court Reaffirms Statutory Employer Immunity for General Contractors
Introduction
On October 23, the Pennsylvania Supreme Court decided Yoder v. McCarthy Const. Inc.,[1] addressing statutory employer immunity in the context of a construction project under the Pennsylvania Workers’ Compensation Act.[2] The court’s decision reaffirmed longstanding precedent…
Defending a Construction Arbitration
A Practice Note outlining key procedural and strategic considerations for a party defending a construction arbitration. This Note addresses the crucial initial steps a respondent should take on receiving a demand for arbitration, including reviewing the arbitration agreement for potential…
Navigating Contractual Considerations in the AI Data Center Construction Boom
The explosive growth of artificial intelligence (AI) is transforming U.S. data center construction, creating new opportunities and challenges across the construction, energy, and technology sectors. Demand for digital infrastructure is surging, requiring massive amounts of energy, larger facilities, and driving…
Government Contractors and the Fall 2025 Government Shutdown: Risk Management and Best Practices
Shutdown, again. This advisory helps contractors manage operations during this period.
First Step for Government Contractors and Companies Subject to US Export Controls.
Contractors should closely monitor their customer and regulatory agencies’ websites for shutdown guidance, as agencies like DoD,…
Federal Circuit Clarifies “Interested Party” Status in Government Contract Bid Protests
Whether a protester has standing to challenge a government bid process or award is typically clear for actual bidders, but it can be less clear for lower-tier participants like subcontractors and prospective bidders. The Federal Circuit recently added some clarity.…
Pennsylvania Court of Common Pleas Voids Design-Build Contract for Failure to Strictly Comply With Architects Licensure Law
The Pennsylvania Court of Common Pleas deemed a design-build construction contract void for failure to comply with a provision of the Architects Licensure Law that requires a design-build contract to name the architectural firm responsible for architectural services.[1]…
Contractor’s Claims, Remedies and Reliefs
Troutman Pepper Locke Partners Albert Bates, Zachary Torres-Fowler, and David E. Harrell published an article titled “Contractor’s Claims, Remedies and Reliefs” in Global Arbitration Review. …