legislative and executive developments

Subscribe to legislative and executive developments via RSS
3 cranes in the sky
Guillaume TECHER, Unsplash

Contractors and subcontractors bidding on California’s largest public works projects will soon face a new labor-cost risk: the wage rates they are required to pay may change after they submit their bids. California’s prevailing wage rules generally set the minimum pay for workers on public works projects based on the type of work and the project’s location. Under Assembly Bill 1198 (“AB 1198”), updated prevailing wage rates may apply during construction to public works contracts awarded or advertised for bid after July 1, 2027 if the awarded value of the prime contract is $35 million or more. On those projects, the wage rates that applied when the project was first advertised may not remain the same throughout the work.

Continue Reading Bid Today, Pay a Different Rate Tomorrow?  California AB 1198 Changes Prevailing Wage Rules for Large Public Works Projects
1791991418-2671-2595-lxb_photo8mXAvhTwE7Ilxb_photo-
Marcus Reubenstein, Unsplash

Cost

There is no cost to attend, however, registration is required. 

REGISTER HERE

Thursday, November 12, 2026
12:00 p.m. to 1:00 p.m. Eastern
11:00 a.m. to 12:00 p.m. Central
10:00 a.m. to 11:00 a.m. Mountain
9:00 a.m. to 10:00 a.m. Pacific

Continue Reading Webinar: The Cost of Schedule Changes: Understanding New York’s New Construction Reporting Pay Act
1791304232-2663-8755-lxb_photos9XDWLJ_LyElxb_photo-
Scott Blake, Unsplash

Effective December 8, 2026, covered New York construction employers generally must provide up to four hours of reporting pay when an employee reports for a scheduled shift but receives no work, and two hours of pay when a scheduled shift is canceled with less than 12 hours’ notice. Separate requirements apply to certain prevailing-wage construction projects. Before the law takes effect, contractors should identify which projects and employees are covered and make sure their scheduling, payroll, labor, and contract practices are ready.

Continue Reading New York Construction: New Rules for Reporting and Cancellation Pay
1779297278-2589-3599-lxb_photouI8leb3AAXElxb_photo-
Nihar Reddy Jangam, Unsplash

In our April 16, 2026 post, we discussed the U.S. Department of Transportation’s Interim Final Rule (IFR) concerning Disadvantaged Business Enterprise (DBE) and Airport Concession Disadvantaged Business Enterprise (ACDBE) certification, specifically as it concerns transportation and airport projects in California.

Continue Reading USDOT’s DBE Interim Final Rule: How It Affects Current and Out-to-Bid DOT and Airport Projects
1776200543-2560-5606-lxb_photofteR0e2BzKolxb_photo-
Sven Mieke, Unsplash

Seyfarth Synopsis:  As of January 1, 2026, AB 889 bulldozed California’s Prevailing Wage law, which impacts public works employers—including public agencies, the contractors that work for them, and private owners and developers whose projects may be subject to public works requirements. The amended law reframes the calculation of fringe benefits for individuals who work on public works project and mandates annualization of such benefits, demolishes the practice of frontloading these benefits, and requires employers to maintain inspection-ready records of compliance.   

Continue Reading Breaking Ground On New California Public Works Prevailing Wage Requirements
Roads construction site.
Troy Mortier, Unsplash

Property owners, contractors, and others dealing with mechanics and materialmen’s liens in Georgia should keep an eye on HB 676, which is currently making its way through the Georgia General Assembly. The bill aims to curb misuse of the lien process and provide additional remedies to those challenging a frivolous lien filing.

Continue Reading Georgia HB 676: A Bill Property Owners and Contractors Should Watch
Building Site
Samuel Regan-Asante, Unsplash

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
1770062535-2525-3654-lxb_photoqxstzQ__HMklxb_photo-
Lala Miklós, Unsplash

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
The city of angels under construction
Frames For Your Heart, Unsplash

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.

explore all that the world has to offer...
Morgan Lane, Unsplash

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…