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
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
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.
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
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
On Thursday, December 19th, Seyfarth Construction partner, Brenda Radmacher, will be a key presenter at NBI’s Mediation Masterclass for Attorneys. This full day program provides an in-depth course on improving your mediation skills. Attendees will learn proven strategies for client preparation, negotiation tactics, and crafting ironclad mediation agreements. Become a stronger advocate for your clients
In Lodge Construction, Inc. v. United States, the US Court of Federal Claims (“COFC”) prefaced its 46-page opinion by stating: “This case should serve as a cautionary tale to government contractors.”[1] Our ears perk up any time we read that kind of admonition in a published decision. The Lodge holding is, indeed, loaded with lessons on what to do, and what not to do, when presenting Contract Disputes Act (“CDA”) claims to the government. In particular, federal construction contractors and their performance bond sureties should take heed of the court’s holding in this highly-illustrative fraud case.
In 2010, the Army Corps of Engineers (“Government”) awarded Lodge Construction (“Lodge”) a fixed-price contract to rehabilitate a levee in Florida. To accommodate subsurface work, Lodge designed and constructed a temporary cofferdam based on a geotechnical site inspection and analysis furnished by the Government. The Government accepted Lodge’s final cofferdam design in July 2011. In March 2012, however, water breached two sections of the cofferdam’s sheet pile wall, after which the Government retroactively disapproved of Lodge’s cofferdam design. The Government requested that Lodge submit a new sheet pile design by May 29, 2012.
Continue Reading Fraud and Forfeiture: Cautionary Tales of a Construction Claim Gone Wrong