California’s construction industry will undergo a significant change starting in 2026. On July 14, 2025, Governor Gavin Newsom signed Senate Bill 61 into law, creating a 5% cap on retention for private works of improvement. The new law aligns private projects with the retention limits established for public works since 2012. The new statute, Civil…

Construction contracts are rarely “standard”—and even routine-looking terms can carry major consequences when something goes wrong. After two decades of resolving construction disputes, one pattern is clear: overlooked clauses at the signing table often resurface as major problems in litigation.

Among the most frequently misunderstood is the third-party beneficiary (TPB) clause. This seemingly minor provision…

Oregon’s new Building Performance Standards (BPS) are now in effect, setting phased energy targets for commercial and institutional buildings.

Although the first compliance deadline is not until 2028, building owners should prepare now, as the Oregon Department of Energy (DOE) has just finalized its rules regarding the incentive program for early compliance. A competitive incentive…

Labor shortages in the construction industry are an increasingly pressing issue—particularly for large-scale infrastructure and technology projects where schedule and budget performance are critical. While recent attention has focused on material costs and supply chain disruptions, a tightening labor market may prove equally disruptive.

An aging workforce and diminished interest in the trades drive scarcity…

Limitation of liability (LOL) clauses are a standard fixture in contracts involving architects, engineers, and other design professionals—particularly because these parties often have limited assets and depend on such provisions to manage risk. However, Washington legal authority suggests these clauses may not offer the ironclad protection many expect.

While LOL clauses can shield design professionals…

Before leasing land, it is important for developers to understand the benefits of using a lease-option structure instead of jumping straight into a leasehold. By deliberately separating and sequencing the grant of rights from a landowner to a developer, parties can better manage potential reporting obligations under the Agricultural Foreign Investment Disclosure Act (AFIDA) and…

As high interest rates continue to shape the commercial real estate landscape, buyers are increasingly exploring alternatives to traditional financing. One such strategy—assuming the seller’s existing mortgage—can offer significant savings when the seller’s loan terms beat current market rates.

But executing a loan assumption isn’t simple. It requires close coordination with lenders, detailed contract language…