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New York Revises Retainage Requirements for Private Construction Contracts: Overview of the “5% Retainage Law”

Published Date: January 16, 2024

On November 17, 2023, the State of New York enacted the “5% Retainage Law.” This legislation effectively limits the amount of retainage that can be held from general contractors and subcontractors to no more than 5%. It applies to many but not all construction contracts. In addition, the new law revises late stage billing requirements, enabling contractors to invoice for [...] Read More

Navigating the Risks to GCs when Subcontractors Misclassify Workers

Published Date: January 5, 2024

This article was written for the Texas Contractor and first appeared here. Last month, we discussed the general liabilities to construction firms when employing supposed independent contractors when a proper legal analysis would find those individuals to be employees. This month, we follow up to discuss the specific risks to general contractors (GCs) that may flow from a subcontractor’s improper [...] Read More

Merger and Disclaimer of Reliance Clauses: Guarding Against Crossed Fingers

Published Date: December 20, 2023

This article was written for the ConsensusDocs newsletter and first appeared here. We have all been there, though we would likely want to forget it. The nightmare project is over and after much back-and-forth negotiations over dueling claims, the parties finally reach an agreement to settle their dispute. The lawyers prepare a global settlement agreement that the principals for each [...] Read More

Identifying and Mitigating Risk in an Ever-Changing Construction Market

Authors: Nathan A. Cohen,

Published Date: December 12, 2023

Nathan A. Cohen, managing partner of P&A's Los Angeles office, authored "Identifying and Mitigating Risk in an Ever-Changing Construction Market" for the Engineering News-Record's Law & Risk Mitigation Today II issue. This article highlights practical and equitable approaches to determining the most effective ways to price and mitigate risks associated with construction projects. The full article can be read here. [...] Read More

New Jersey Court Upholds Registration Requirement for Joint Ventures Bidding on Public Works Contracts

Published Date: December 4, 2023

Introduction In a matter of “first impression,” on November 30, 2023, the Appellate Division affirmed the New Jersey Superior Court decision in Ernest Bock & Sons-Dobco Pennsauken Joint Venture v. Township of Pennsauken and Terminal Construction Corp., finding that the New Jersey Public Works Contractor Registration Act, N.J.S.A. 34:11-56.48 to -56.57 (“PWCRA” or the “Act”), applies to a joint venture [...] Read More