Construction Contracts & Risk Management

U.S. Department of Labor Seeks to Clarify Employee vs. Independent Contractor Status Under Federal Wage and Hour Laws

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, ... Read More

Amended Again?! Critical Changes to RPAPL § 881: What New York Contractors and Construction Managers Need to Know

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 ... Read More

SDNY Ruling Highlights Privilege Risks in Client Use of Generative AI

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 ... Read More

New York Amends Prompt Payment Act: Retainage Above 5% in Private Construction Contracts Now Void

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 ... Read More

Peckar & Abramson Announces Executive Committee and Leadership Updates

Peckar & Abramson, P.C. (P&A) is pleased to announce that Paul Monte has been appointed to serve as Vice-Chair of the firm. Paul currently serves on the firm’s Executive Committee, is Co-Managing Partner of P&A’s New York office, and Chairs its Infrastructure Practice. He balances these duties while continuing to represent many of the industry’s ... Read More

New Jersey Amends Pre-Bid Registration Requirement for Joint Ventures

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 ... Read More

Peckar & Abramson Attorneys Cornelius “Lee” Banta, Jr. and Tiffany Harrod Board Certified in Construction Law by The Texas Board of Legal Specialization

Peckar & Abramson, P.C. (P&A) is pleased to announce that partners Cornelius “Lee” Banta, Jr. and Tiffany Harrod recently passed the Texas Board of Legal Specialization (TBLS) Certification Exam and are now Board Certified in construction law by the Texas Board of Legal Specialization. P&A ranks in the top one percent of the Texas organizations ... Read More

Eli Pierce Named Among D Magazine’s 2026 Best Lawyers Under 40

Peckar & Abramson, P.C. (P&A) is pleased to announce that Eli Pierce, partner in the firm’s Dallas office, has been named one of D Magazine’s Best Lawyers Under 40 for 2026. According to D Magazine, the publication invites thousands of local lawyers to nominate their peers based on their firsthand experience of their work. The ... Read More

Peckar & Abramson Welcomes Eli Pierce and Tracey Williams as Partners; Announces Additional Promotions to Senior Counsel and Senior Associate

Peckar & Abramson, P.C. (P&A) is pleased to announce that Eli Pierce and Tracey Williams of P&A’s Dallas office have been promoted to Partner. P&A is also pleased to announce Arthur Tergesen of the firm’s New Jersey office has been promoted to Senior Counsel, and Mitchell Abood and Alexandra McKissick of the Miami office have been ... Read More

Managing Construction Risk Through Commercial General Liability Insurance

Adam Handfinger, Co-Managing Partner of P&A’s Miami office, served as a contributing editor to “Managing Construction Risk Through Commercial General Liability Insurance,” a Thomson Reuters Practice Note. It explains how CGL insurance manages construction-project risk, highlights common coverage gaps created by business-risk exclusions, and outlines key endorsements and claims-enforcement strategies needed to properly protect contractors ... Read More