Dar Es Salaam Port Harbour
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Volatile U.S. tariff announcements continue to affect international supply chains for U.S. construction projects. Although recent litigation has centered on the scope of presidential tariff authority rather than construction‑specific disputes, these decisions carry important implications for how parties structure risk in their contracts. In May 2025, the U.S. Court of International Trade (CIT) struck down certain “Liberation Day” tariffs as exceeding presidential authority under IEEPA. A federal district court in Washington, D.C. likewise issued a preliminary injunction suspending related tariffs—though it later stayed its own order pending appeal. And the Supreme Court has agreed to review cases addressing the legal limits of IEEPA‑based tariffs.

Continue Reading Managing Tariff Volatility in Cross‑Border U.S. Construction Projects: Practical Contract‑Drafting and Procurement Strategies
Building Site
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By April 18, 2026, New York construction litigation will operate on a faster—and far less forgiving—timeline. The Avoiding Vexatious Overuse of Impleading to Delay (the “AVOID Act”), signed into law on December 19, 2025, fundamentally rewrites third‑party practice under CPLR § 1007 by imposing strict deadlines to bring subcontractors, suppliers, and other responsible parties into a case.

Continue Reading The AVOID Act: A New Timeline for Liability in New York Construction Projects
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Retention has long been a contentious issue in California construction. Traditionally, owners withheld retention of 10% from each progress payment until completion, arguing it was necessary to ensure performance, quality and timely delivery. Contractors and subcontractors, however, often struggled with cash flow, payroll, and material costs while waiting months—sometimes even years—for withheld retention.

Continue Reading California’s Retention Reform on Private Construction Projects

On Friday, February 20, 2026, Brenda Radmacher and Jay Houghton will present a live webinar to the Beverly Hills Bar Association (BHBA). Their presentation, “SB 440 and the Fair Payment Act: What Construction Lawyers Need to Know for 2026,” is based on their recent Daily Journal article and will explore key developments under SB 440 and the Fair Payment Act, with a focus on how these changes will impact construction lawyers, payment disputes, and compliance considerations in the year ahead.

The program is presented by BHBA’s Construction Law section, that provides a specialized forum for attorneys to network and gain insights into the complexities of construction-related legal issues. The session is approved for 1.0 hour of General MCLE credit in California, with reciprocity available in Alaska, Hawaii, North Dakota, Connecticut, New York, and Vermont. Attorneys may also be eligible to self-apply for MCLE credit in additional jurisdictions.

Register Here

The city of angels under construction
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The Daily Journal published an article on December 11, 2025 by Brenda Radmacher and Jay Houghton: “How California’s Fair Payment Act will reshape construction disputes in 2026.” The piece discusses California’s new Private Works Change Order Fair Payment Act, which will apply to private construction contracts entered into on or after Jan. 1, 2026.

Radmacher and Houghton detail why the act matters, what it covers, and its enforcement related provisions and subcontractor protections. They offer insights on how contractors and owners can prepare for the new law.

“The Fair Payment Act will have a significant impact on how private construction projects proceed when payment- and time-related disputes arise. The more prepared you are for these changes, the more effectively you can utilize the provisions and protect against the adverse impacts of any missteps.”

The full article is available here.

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One of the earliest issues to decide on a hospitality renovation abroad – whether it’s a branded resort in Europe, a hotel in Asia, or a mixed-use property in Latin America – is the selection of the appropriate project contracts.  The design and construction contracts in wide use in the US are sometimes appropriate for adaptation for use abroad.

Continue Reading Adapting Standard Construction Forms for Use in Overseas Hospitality Renovations
explore all that the world has to offer...
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Seyfarth’s Jay Houghton authored an article, “Navigating The Complexities Of Multi-State Contracting: How To Ensure Your Construction Contract Provisions Comply With State Law,” in the American Bar Association’s Spring issue of ‘Under Construction.’ Houghton discussed how various states regulate construction contracts, highlighting the differing impacts their laws have on private contract provisions.

“Ultimately, construction attorneys will be better equipped to protect and advance their clients’ interests if they understand how each of those provisions must be drafted to conform with the relevant multi-jurisdictional construction laws.”

The full article is available here.

Artist at Work
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In their most recent article, Seyfarth’s Anthony LaPlaca (Construction) and Teddie Arnold (Government Contracts) team up to address the evolving legal landscape surrounding surety liability under the False Claims Act (FCA). Through a review of key judicial decisions, Anthony and Teddie highlight how government whistleblowers have managed to sustain fraud claims against sureties, emphasizing the significant financial implications these cases can have. The article, initially published in the summer edition of Surety Bond Quarterly, can be accessed online here.

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Seyfarth’s Construction team is pleased to announce the release of the 2025 edition of our 50-State Lien Law Notice Requirements Guide, a must-have resource for commercial contractors, real estate developers, and construction professionals navigating lien notice obligations across the United States.

This comprehensive desktop reference provides a state-by-state overview of lien notice requirements, including general timing and procedural rules for filing lien notices in all 50 states and Washington, DC. Whether you’re managing projects in a single jurisdiction or across multiple states, this guide is designed to help you stay compliant and avoid costly missteps.

Prepared by Seyfarth’s nationally recognized Construction practice, this guide reflects our commitment to delivering actionable legal insights that support your business goals.

Download the latest version here.

About Seyfarth’s Construction Group

Named a 2024 Law360 Practice Group of the Year, Seyfarth’s Construction group is one of the largest and most experienced construction law practices in the United States. We offer clients the benefits of a classic construction boutique supported by the resources of a large full-service firm. We represent clients—developers, contractors, owners, architects, engineers, subcontractors and lenders—in all phases of construction projects, from inception to completion, domestically and abroad.

Last week, Seyfarth’s Brenda Radmacher presented at West Coast Casualty’s 31st Annual Construction Defects Conference.  Along with other industry leaders in the construction industry, Brenda provided professional tips on how to best manage risk, avoid, and mitigate construction disputes. The key takeaways include:

Continue Reading Seyfarth’s Brenda Radmacher Presents at Construction Defect and Insurance Conference