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DIRECTORY AND CAPABILITIES

Idaho Contractor Registration: Lessons from the Ward v. Bishop Decision

April 20, 2026 — Tara Martens Miller - Snell & Wilmer
The Idaho Supreme Court’s recent decision in Ward v. Bishop Constr., Ltd. Liab. Co., No. 51118, 2025 Ida. LEXIS 143 (Dec. 31, 2025) offers valuable guidance for contractors and construction attorneys navigating the Idaho Contractor Registration Act (ICRA). The December 2025 ruling clarifies critical questions about when and how defendants may raise contractor registration defenses, the weight of pretrial stipulations, and the consequences of procedural missteps in construction litigation. This article examines the key takeaways from the decision and offers practical actions for consideration by those working in Idaho’s construction industry. The Facts Behind the Dispute The case arose from a long-standing working relationship between cousins Joel Ward and Ren Bishop dating to the 1990s. Ward performed general construction work for Bishop Construction, LLC, including building, plumbing, electrical, framing, roofing, and siding work on projects in Idaho, Montana, and Wyoming. Bishop agreed to pay Ward $10 per hour, later increased to $12 per hour, plus one-way travel expenses. Between 2017 and 2019, Ward worked over 1,100 hours but was never paid, totaling $12,443.54 in claimed damages. Read the full story...
Reprinted courtesy of Tara Martens Miller, Snell & Wilmer
Ms. Miller may be contacted at tmmiller@swlaw.com

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California Enacts Change Order Fair Payment Act

March 24, 2026 — Michael J. Baker - Snell & Wilmer
For private works construction contracts entered on or after January 1, 2026, recent legislation establishes a claims and dispute resolution process for change orders. The law is codified at Civil Code § 8850. A synopsis of the pertinent provisions includes the following:

1. Submitting a Claim. Contractors or subcontractors must submit a detailed, documented claim when requesting additional time or payment.
2. Owner’s Response Time. The owner must meet and confer within thirty (30) days after receiving the claim. Within ten (10) days of meeting, the owner must provide a written statement identifying which portions of the claim are undisputed and which are disputed. An owner’s failure to respond is treated as disputing the entire claim.

Read the full story...
Reprinted courtesy of Michael J. Baker, Snell & Wilmer
Mr. Baker may be contacted at mjbaker@swlaw.com

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Under Construction – November 2025

January 06, 2026 — Snell & Wilmer
Letter From the Editor Welcome to the fall edition of Snell & Wilmer’s Under Construction Newsletter. As brisk autumn air sets in, it’s an ideal moment to shore up the basics — both in your projects and in your grasp of the continually shifting field of construction law. In this newsletter, we explore a variety of topics related to current construction trends and legal news that may be relevant and helpful to you and your business. We have assembled a selection of articles that include discussions of state-specific issues including how Idaho’s Contractor Registration Act bars unregistering contractors from enforcing contracts or filing liens, though the state Supreme Court allows remedies for post-registration work if severable. This edition discusses how contractors can maximize cash flow and profits by substituting security for retainage on public projects. We also highlight the California Court of Appeals discussion and latest decision relating to subcontractor substitution protections under Public Contract Code §4107. We round out our newsletter summarizing how the Colorado Supreme Court clarified that the economic loss rule bars tort claims for purely economic harm arising from contracts — even when alleging willful and wanton misconduct. Read the full story...
Reprinted courtesy of Snell & Wilmer

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Dallas County District Court Grants Kahana Feld’s Motion to Dismiss for Want of Prosecution

December 30, 2025 — Kahana Feld
Kahana Feld successfully obtained dismissal of a lawsuit in the 95th Judicial District Court of Dallas County. The Court granted our Motion to Dismiss for Want of Prosecution, agreeing that the plaintiff failed to diligently pursue their claims after more than 18 months of inactivity, despite an upcoming trial date. Our team demonstrated that the plaintiff had not initiated discovery or scheduled depositions, and furthermore, the delay was not excused by former counsel’s withdrawal. Consequently, the judge declined the plaintiff’s request for additional time and dismissed the case without prejudice. Read the full story...
Reprinted courtesy of Kahana Feld

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HHMR Attorneys Steve Heisdorffer and Dave McLain Named to 2026 Super Lawyers List

April 08, 2026 — Higgins, Hopkins, McLain & Roswell, LLC
Higgins, Hopkins, McLain & Roswell, LLC is pleased to announce that Steve Heisdorffer and Dave McLain have been selected to the 2026 Colorado Super Lawyers list for construction litigation. Mr. Heisdorffer has been consistently recognized in recent years for his work in construction litigation and related business disputes. Mr. McLain has been recognized by Super Lawyers each year from 2020 through 2026, following his earlier inclusion on the Rising Stars list from 2009 through 2012. Read the full story...
Reprinted courtesy of Higgins, Hopkins, McLain & Roswell, LLC

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How to Properly Fill Out and Use the Unconditional Waiver and Release on Progress Payment Form Used in California Construction

December 22, 2025 — William L. Porter - Porter Law Group
This is the Second article in a series of four articles discussing how to properly fill out the four California construction releases described in California Civil Code 8132 – 8138. Let me start by noting that in addition to practicing construction law for more than 35 years, I chaired the committee of California construction attorneys who revised those sections of the California Civil Code dealing with this release form and many other construction forms as part of Senate Bill 189 in 2010. I also wrote the first version of this release form and made it free to the public well before the new law took effect in 2012. With this background, let me note a few things about the Unconditional Waiver and Release on Progress Payment form to help you avoid mistakes that might prevent you from achieving the intended effect of the form or releasing claim rights to a greater extent than you intend. Read the full story...
Reprinted courtesy of William L. Porter, Porter Law Group
Mr. Porter may be contacted at bporter@porterlaw.com

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NJ Public Works Contractors Beware – Pay Special Attention When Submitting Your Public Works Contractor Registration

May 26, 2026 — Levi W. Barrett & Aaron C. Schlesinger - Peckar & Abramson, P.C.
While it is always important to be careful when making submissions to government agencies, recent activity by the New Jersey Department of Labor and Workforce Development (“NJDOL”) reveals considerably increased scrutiny in connection with contractors renewing their New Jersey Public Works Registration. Extra care when completing the registration renewal process is warranted, because the consequences of a misstep can be significant and disruptive. The New Jersey Public Works Contractor Registration Act requires all contractors bidding on or engaging in construction-related public works projects to register with the NJDOL. This registration, which must be resubmitted every 1-2 years, requires contractors to make a number of detailed disclosures relating to, among other things, the entity’s ownership structure, prior state and federal labor law violations, details regarding interests in other businesses, unlawful acts by owners/officers, and participation in apprenticeship programs. Reprinted courtesy of Levi W. Barrett, Peckar & Abramson, P.C. and Aaron C. Schlesinger, Peckar & Abramson, P.C. Mr. Barrett may be contacted at lbarrett@pecklaw.com Mr. Schlesinger may be contacted at aschlesinger@pecklaw.com Read the full story...

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Labor Shortages in Construction: Managing Legal and Operational Risks

April 14, 2026 — Meghan Douris - Construction Executive
Labor shortages in the construction industry have become more than a scheduling headache—they are a legal and financial risk multiplier. As contractors scramble to meet deadlines with limited manpower, shortcuts in compliance, safety and subcontractor oversight become more likely. These gaps can expose companies to regulatory penalties, contractual disputes and reputational damage. Understanding how workforce constraints intersect with labor laws and contractual obligations is critical to mitigating the risks and navigating these challenges without compromising compliance or project integrity. The construction industry has faced persistent workforce challenges for years, but recent trends have intensified the problem. Factors such as an aging workforce, reduced immigration and post-pandemic recovery pressures have left contractors struggling to find skilled labor. According to Associated Builders and Contractors, the construction workforce shortage surpassed half a million workers in 2024; in the same year, Associated General Contractors reported 88% of construction companies had difficulty finding qualified workers. Reprinted courtesy of Location, Location, Location—Even in Construction Liens

Contractual Indemnification Limitation on Florida Public ProjectsCall Me Maybe: California’s Fair Claims Settlement Prac
Harvey's Aftermath Will Rattle Construction Supply Chain, Economists Say

Contractual Fee-Shifting in Litigation: Who Pays the Price?

California Contractor License Bonds to Increase in 2016

Standard of Care

Important Environmental Insurance Ruling Issued In Protracted Insurance-Coverage Dispute

Dispute Resolution in Your Construction Contract

Illinois Non-Profit Sues over Defective Roof

Couple Perseveres to Build Green

Colorado Court Holds No Coverage for Breach of Contract Claim

Finalists in San Diego’s Moving Parklet Design Competition Announced

CGL, Builders Risk Coverage and Exclusions When Construction Defects Cause Property Damage

Substantial Completion Explained: What Contractors & Owners Should Know

Big Waves and High Tides Can Be Just as Insidious as Hurricanes

And the Cyber-Beat Goes On. Yet Another Cyber Regulatory Focus for Insurers

Hirer Liable for Injury to Subcontractor’s Employee Due to Failure to Act, Not Just Affirmative Acts, Holds Court of Appeal

Limiting Plaintiffs’ Claims to a Cause of Action for Violation of SB-800

Insurer Has Duty to Defend Despite Construction Defects

The Secret to Success Is Doing Things a Little Bit Differently

Three's a Trend: Second, Fourth and Ninth Circuits Uphold Broad "Related Claims" Language

Chambers USA 2021 Ranks White and Williams as a Leading Law Firm

To Ask or Not to Ask (Arbitrator Inquiries and the Obligation to Remain Neutral)

Plaza Construction Negotiating Pay Settlement for Florida Ritz-Carlton Renovation

Construction Litigation Roundup: “Stop - In the Name of the Law!”

Insurer's Refusal to Consider Supplemental Claim Found Improper

Construction in the Time of Coronavirus

The Problem With Building a New City From Scratch

Construction Defect Claim Must Be Defended Under Florida Law

Thank Your Founding Fathers for Mechanic’s Liens

Ontario Court of Appeal Clarifies the Meaning of "Living in the Same Household" for Purposes of Coverage Under a Homeowners Policy

California insured’s duty to cooperate and insurer’s right to select defense counsel

The Anatomy of a Construction Dispute Stage 2- Increase the Heat

Meet BWB&O’s 2025 Best Lawyers in America!

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Quick Note: Charting Your Contractual Rights With Respect To The Coronavirus

Colorado “property damage” caused by an “occurrence” and exclusions j(5) and j(6) “that particular part”

Builder Must Respond To Homeowner’s Notice Of Claim Within 14 Days Even If Construction Defect Claim Is Not Alleged With The “Reasonable Detail”

$24 Million Verdict Against Material Supplier Overturned Where Plaintiff Failed To Prove Supplier’s Negligence Or Breach Of Contract Caused A SB800 Violation

US Homes Face Costly Retrofits for Induction Stoves, EV Chargers

Canada Housing Surprises Again With July Starts Increase

First-Time Buyers Home Sales Stagnates

New York Restrictions on Flow Through Provision in Subcontracts

Differences in Types of Damages Matter

Resurgent Housing Seen Cushioning U.S. From World Woes: Economy

Engineer Pauses Fix of 'Sinking' Millennium Tower in San Francisco

Carbon Monoxide Injuries Caused by One Occurrence

The Choice Is Yours – Or Is It? Anti-Choice-of-Laws Statutes Applicable to Construction Contracts

Colorado homebuilders target low-income buyers with bogus "affordable housing" bill

Construction Delays for China’s Bahamas Resort Project

Construction Defect Claims Not Covered

2018 Construction Outlook: Mature Expansion, Deceleration in Some Sectors, Continued Growth in Others
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43% of U.S. Homes in High Natural Disaster Risk Areas

Merger to Create Massive Los Angeles Construction Firm

Seyfarth’s Construction Team Releases 2025 50-State Notice Requirements Guide for Construction Professionals

Late Progress Payments on Local Public Works Projects Are Not a Statutory Breach of Contract