New York Amends Prompt Payment Act: Retainage Above 5% in Private Construction Contracts Now Void
February 10, 2026 —
Mark A. Snyder, Levi W. Barrett, Patrick T. Murray & Skyler L. Santomartino - Peckar & Abramson, P.C.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 a new law, tightening the State’s Prompt P
Yet Another Reason That Your Contract Matters
February 10, 2026 —
Christopher G. Hill - Construction Law MusingsI have discussed on several occasions the fact that
construction contracts matter. The words in contracts matter and, in Virginia (as well as other states), most provisions, if not all
will be enforced to the letter. Recently, the Western District of Virginia federal court ruled in a way that reminded me of another reason for a well-drafted contract.
In
Rockingham Precast, Inc. v. American Infrastructure – Maryland, Inc. the Western District of Virginia Court considered a motion to transfer the venue to Maryland filed by American Infrastructure. The plaintiff, Rockingham Precast, a Virginia-based company sued in Virginia. American Infrastructure conceded that VA could be a proper forum for the lawsuit but argued that the form was much too inconvenient and costly for the party and non-party witnesses and that the cost made the forum an unfair place to try the case.
Read the full story...Reprinted courtesy of
The Law Office of Christopher G. HillMr. Hill may be contacted at
chrisghill@constructionlawva.com
The Who/What/How of Sealing Plans for Architects and Engineers (Law Note)
March 03, 2026 —
Melissa Dewey Brumback - Construction Law in North CarolinaThe proper use of professional seals in North Carolina is critical. Failure to follow the prescribed requirements can
subject you or your Firm to a Board sanction.
Did you know that the NC Board of Architecture and the NC Engineering Board have jointly prepared a fairly straightforward document that can tell you exactly what you need to know about sealing of plans?
That document,
the “Seal Brochure” (pdf) is available for download. Every state’s regulations are a little different (thank you Federalism!) so it is worth reviewing with your staff at regular intervals, especially if you do work across state lines.
Read the full story...Reprinted courtesy of
Melissa Dewey Brumback, Ragsdale Liggett PLLCMs. Brumback may be contacted at
mbrumback@rl-law.com
Snell & Wilmer Named Among the “Most Admired Law Firms to Work For” by Los Angeles Business Journal
December 22, 2025 —
Snell & WilmerLOS ANGELES – Snell & Wilmer is proud to announce that its Los Angeles office has again been named to the Los Angeles Business Journal’s 2025 “Most Admired Law Firms to Work For.” The list highlights outstanding law firms in the L.A. area that are consciously working towards creating diverse, positive, and supportive environments to help drive the success of their attorneys. Firms appearing on the list were judged on company culture, employee benefit and support programs, as well as diversity and women’s initiatives.
“We are honored to be recognized once more as one of the ‘Most Admired Law Firms to Work For’ by the Los Angeles Business Journal”, said
Joshua Schneiderman, managing partner of the firm’s Los Angeles office. “Our focus remains on building a workplace where people feel supported, encouraged to grow, and connected to their colleagues, clients, and communities. We are committed to investing in programs, relationships, and opportunities that create long lasting career fulfillment.”
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Snell & Wilmer
Kahana Feld Attorney Andrea Vosough Named to 2026 Claims and Litigation Management Alliance (CLM) Phenoms Under 40 List
November 09, 2025 —
Eva Paulson - Kahana FeldIRVINE, CA - Oct. 22, 2025 - Kahana Feld is pleased to announce that attorney Andrea Vosough was named as one of 10 Claims and Litigation Management Alliance (CLM) Phenoms Under 40 for 2026. She will also be a finalist for CLM’s Young Professional of the Year award, with the winners announced at the CLM Annual Conference in Orlando in March 2026.
Vosough is a member of Kahana Feld’s General Liability practice group, primarily representing local and national restaurants, trucking companies, public entities, small businesses, and individuals. She serves on CLM’s Young Professional Advisory Board, which provides resources and guidance for emerging professionals, encourages participation in professional development, and helps shape the next generation of attorneys.
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Eva Paulson, Kahana FeldMs. Paulson may be contacted at
epaulson@kahanafeld.com
Ninth Circuit Clarifies Viability of Takings Claims Under Arizona’s Unclaimed Property Act
November 09, 2025 —
Ed J. Hermes, Jeremy J. Stewart, Benjamin J. Mills & Emily Statham - Snell & WilmerIn a decision cementing a split with the Tenth Circuit, the Ninth Circuit recently held that property owners’ unclaimed property is not taken in violation of the Fifth Amendment where it is held in trust by the State. See Garza v. Woods, No. 24-1064, 2025 WL 2435221 (9th Cir. Aug. 25, 2025). The district court dismissed plaintiffs’ claims because sovereign immunity barred suit against the Arizona Department of Revenue (“Department”). See Garza v. Woods, No. CV-22-01310-PHX-JJT, 2023 WL 5608414 (D. Ariz. Aug. 30, 2023). The Ninth Circuit reversed this portion of the district court decision and allowed plaintiffs’ takings and due process claims because they plausibly alleged that the Department unconstitutionally seized their property under Arizona’s Unclaimed Property Law (“UPA”).
Arizona’s Unclaimed Property Law
Arizona’s UPA presumes that certain types of property have been abandoned if unclaimed within a statutory period. See Ariz. Rev. Stat. 44-302(A). Holders of presumably abandoned property must send a written notice to the apparent owner, provide a report to the Department, and ultimately deliver the unclaimed property to the Department. Id. 44-302(E), 44-308(A). Though the Department need not provide actual notice to apparent owners that it is in possession of their property, the UPA requires the Department to operate a website that lists the unclaimed property in its possession. See id. 44-309 (A), 44-309(B). The UPA further requires the Department to deposit all unclaimed money in the state’s general fund. Id. 44-313(A).
Reprinted courtesy of
Ed J. Hermes, Snell & Wilmer,
Jeremy J. Stewart, Snell & Wilmer,
Benjamin J. Mills, Snell & Wilmer and
Emily Statham, Snell & Wilmer
Mr. Hermes may be contacted at ehermes@swlaw.com
Mr. Stewart may be contacted at jjstewart@swlaw.com
Mr. Mills may be contacted at bemills@swlaw.com
Ms. Statham may be contacted at estatham@swlaw.com
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The Economic Loss Rule and Tort Claims by Owners against Design Professionals
November 09, 2025 —
Stu Richeson - The Dispute ResolverThis blog post looks at the question of when a project owner, who has a contract with the design professional, may assert an action against a design professional in negligence for purely economic losses. Actions against design professional can arise under a number of legal theories, but the two most common are contract and tort. Tort claims focus on duties imposed by law, while contract claims center on obligations agreed upon by the parties. The distinction often determines whether a plaintiff can recover purely economic losses and whether privity of contract is required.
The distinction between contract and tort is significant due to the availability of different remedies, limitations periods, and burdens of proof. It is normally to a plaintiff's advantage to get both tort and contract claims before the trier of fact when the same facts will sustain either cause of action, because access to multiple theories of recovery may permit a plaintiff to avoid legal or remedial pitfalls which may apply to one cause of action but not another. Niagara Mohawk Power Corp. v. Stone & Webster Eng'g Corp., 725 F. Supp. 656 (N.D.N.Y. 1989).
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Stu Richeson, Riess LeMieuxMr. Ri
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