The question of whether a worker should be classified as an employee or independent contractor is a major issue of concern for businesses across the spectrum. Many industries have long faced challenges regarding the appropriate categorization of workers, potentially resulting in significant implications for compliance and operational risk. To provide better guidance on the issue, last week the U.S. Department [...] Read More

Recent amendments to New York’s RPAPL § 881 will significantly change how project teams obtain and maintain access to adjoining properties for construction-related work. The 2025 amendment signed into law by Governor Hochul, and the newly enacted 2026 revisions, will directly impact general contractors (GCs) and construction managers (CMs), as well as their trade contractors who regularly confront neighbor‑access, support‑of‑excavation, and [...] Read More

Artificial intelligence is quickly becoming a go‑to tool for aggregating and summarizing large volumes of data, formulating and testing arguments, and even sketching litigation strategies. But a recent ruling from the Southern District of New York serves as a stark warning: when clients turn to generative AI for legal strategy, they may be unknowingly turning privileged information over to a [...] Read More

This article was written for Texas Contractor Magazine and first appeared here. In 1979, virtually all projects were completed under form contracts. As I started practicing construction law, it seemed that most form contracts were generally fair.  They were negotiated by industry groups and over the next 10-20 years they appeared to become fairer.   We could and did compare provisions [...] Read More

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