In 2023 New York overhauled its Prompt Payment Act. The 2023 amendments, largely aimed at restricting the amount of retainage that can be withheld on private projects, were unclear about whether parties could contract around the statute, as they can with other provisions of the statute. The State Legislature recently clarified that issue. On December 19, 2025, New York enacted [...] Read More

Summary of Amendments Recently, Governor Murphy signed into law Bill S4281 significantly amending the Public Works Certificate Registration Act (PWCRA), N.J.S.A. 34:11-56.48 to -56.57. As a result, Joint Ventures will be permitted to bid on certain public works projects without prior registration. At a minimum, Joint Ventures should be cognizant of the following important requirements set forth by the amendment: [...] Read More

Cody Schneider, a partner in P&A's Houston, TX office, was featured in The Construction Broadsheet‘s latest “Legal Q and A” to answer questions regarding responsibility for construction defects. The questions include: We completed a large commercial office project a few years ago, and defects are emerging with multiple trades. Their contractual warranties were for a year. Is there any way [...] Read More

This article was written for the ConsensusDocs newsletter and first appeared here. Deciding to settle a construction dispute is often wrought with difficulty, requiring the decision maker to evaluate a number of factors. Nevertheless, there are no hard and fast rules that apply when advising a party whether or not they should settle a dispute. Yet the vast majority of construction [...] Read More