IRMI Expert Commentary: NY Highest Court Confronts Downstream Risk Transfer for Subcontractor Bodily Injury Claims
March 17, 2026 —
Gregory D. Podolak & Alexander G. Hopkins - Saxe Doernberger & Vita, P.C.Originally published on IRMI.com, copyright 2026 International Risk Management Institute, Inc.
Subcontractor employee bodily injury claims (so-called action over claims) are a staple of construction risk management in the Empire State—so much so that the phrase “labor law” instinctively invites a shudder among the most experienced general contractors. The savvy among them intensely monitor case law developments and the evolution of the insurance market to ensure a cutting-edge, meticulously developed downstream risk transfer plan. And when guidance arrives from an appellate-level court, it’s a moment to take note.
This is one of those moments.
In late 2025, New York’s highest court—the NY Court of Appeals—had the rare opportunity to examine an all-too-routine bodily injury fact pattern and took the opportunity to closely examine the scope of contractual indemnity and its interplay with additional insured coverage in Dibrino v. Rockefeller Center N., Inc., 2025 N.Y. Slip Op. 07077, 2025 WL 3670593 (Ct. App. Dec. 18, 2025).
Reprinted courtesy of
Gregory D. Podolak, Saxe Doernberger & Vita, P.C. and
Alexander G. Hopkins, Saxe Doernberger & Vita, P.C.
Mr. Podolak may be contacted at GPodolak@sdvlaw.com
Mr. Hopkins may be contacted at AHopkins@sdvlaw.com
Read the full story...
Quick Note: Include Key Time Related Facts in Contract to Avoid an Ambiguity
February 17, 2026 —
David Adelstein - Florida Construction Legal UpdatesWhen drafting or negotiating a contract, it is important to consider key time-related facts. In other words, if there are important provisions dealing with time, you don’t want to leave them undefined as that can create an ambiguity in the contract.
In a recent case dealing with an investment contract, discussed
here, that’s exactly what happened. The contract allowed investors to exercise an option to return their equity in exchange for a refund of their investment but the contract didn’t contain an expiration date on when the option must be exercised. The investors tried to exercise the option two years later leading to a dispute as to whether that was a “reasonable time.” This is because the lack of clarity regarding this temporal fact led to a latent ambiguity meaning it was a question of fact as to whether the investors exercising the option two years later was reasonable under the circumstances.
Read the full story...Reprinted courtesy of
David Adelstein, Kirwin NorrisMr. Adelstein may be contacted at
dma@kirwinnorris.com
Real Estate & Construction News Roundup (10/29/25) – Office Market Bounces Back, Senate Passes ROAD to Housing Act, and CRE Embraces Blockchain
November 03, 2025 —
Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law BlogIn our latest roundup, lab space real estate faces challenges, demand for data creates power brokers, the cost burden of sports stadiums, and more!
- The U.S. office market is bouncing back, entering a growth cycle after years of fighting vacancies. (Joe Burns, Construction Dive)
- Cities eager to tout privately financed sports stadiums are still spending big through tax breaks, land deals and public financing that shift costs back to taxpayers. (Vicky Uhland, Construction Dive)
- The Senate passed a bipartisan bill on October 9 that aims to boost the nation’s housing supply with a wide range of methods. (Julie Strupp, Multifamily Dive)
Read the full story...Reprinted courtesy of
Pillsbury's Construction & Real Estate Law Team
An “Agreement to Agree” Is Not a Binding Contract
January 13, 2026 —
David Adelstein - Florida Construction Legal UpdatesA driving issue in a recent dispute was whether a binding contract existed simply through the selection of a proposal in response to a solicitation. Or, was there nothing more than an “agreement to agree,” which does not create a binding contract. There is an important distinction between a binding contract an an “agreement to agree.”
A Community Redevelopment Agency (CRA) issued a Request for Proposals otherwise referred to as an RFP. The RFP specifically stated that the CRA and proposer will be contractually bound only if and when a written contract is executed between the parties. A proposer was notified that it was selected as the winning proposer however a written contract was never executed because the proposer was subsequently disqualified. The proposer filed a lawsuit claiming it was wrongfully disqualified and prevailed. The trial court found it was entitled to attorney’s fees pursuant to a contract that had been formed when the proposer’s proposal was originally accepted.
Read the full story...Reprinted courtesy of
David Adelstein, Kirwin NorrisMr. Adelstein may be contacted at
dma@kirwinnorris.com
Noncompete Agreements: How to Navigate the Changing Landscape
October 20, 2025 —
Kellie M. Ros - ConsensusDocsContractors who care about protecting proprietary company information and attracting and retaining high-quality employees (all contractors) should consider making noncompete agreements a part of their normal business practices. A recent failed attempt by the federal government to completely ban noncompetes reignited the contentious debate about the balance between freedom of contract versus freedom to work, and states have now put the issue at the forefront of their legislative agendas. Changes are coming, and contractors and their employees alike should know what lies ahead and understand how to navigate the changes.
Implications of Noncompetes in Construction
Noncompetes or noncompetition agreements affect nearly one in five working adults in the United States. A noncompete agreement is just what it sounds like - it’s an agreement between an employer and their employee where the employee agrees not to compete with their employer once their employment ends. In essence, the agreement restricts the employee from immediately joining a competing business or starting a competing business after leaving their employer.
Read the full story...Reprinted courtesy of
Kellie M. Ros, Peckar & Abramson, P.C.Ms. Ros may be contacted at
kros@pecklaw.com
Massachusetts Construction Industry Continues to Wait While Prompt Payment Law Is Put to the Test
March 31, 2026 —
Catherine Maronski - Construction Law ZoneEarlier this month, the Massachusetts Supreme Judicial Court (SJC) heard argument in J.C. Cannistraro, LLC v. Columbia Construction Co. et al., a dispute concerning the state’s Prompt Payment Act (PPA). Although a decision has yet to be issued, it could potentially pose widespread implications for high-value private construction projects moving forward – and perhaps backwards.
The PPA, G. L. c. 149, § 29E, enacted by the Massachusetts Legislature in 2010, has become a keystone in the construction industry. It was enacted to address, in part, downstream cash flow issues that tend to pervade construction projects by mandating a series of strict guidelines for submitting, and responding to, payment applications for private projects valued over $3,000,000. Amongst these requirements are set timeframes to respond to an application, as well as what must be contained in an application rejection. Critically, if an owner or upper-tier contractor fails to fully comply with all the statutory requirements in response to a proper payment application, the application is automatically “deemed to be approved” and payable. Significantly, however, this is not always the end of the line.
Read the full story...Reprinted courtesy of
Catherine Maronski, Robinson ColeMs. Maronski may be contacted at
cmaronski@rc.com
AI & Digital Tools on Construction Projects: Contract Risks to Address Before Peak Season
April 08, 2026 —
Meghan Douris - The Construction SeytArtificial intelligence and advanced digital tools are no longer experimental on construction projects. In Q1 of 2026, we can already see how they are already influencing schedules, estimates, submittals, safety reporting, and day‑to‑day project documentation. As peak construction season approaches, many teams are accelerating adoption of AI to gain efficiency.
What often lags behind, however, is the contract framework governing how those tools are used—and how their outputs are treated when something goes wrong.
On sophisticated construction projects, that gap can quickly become a dispute driver.
Read the full story...Reprinted courtesy of
Meghan Douris, Seyfarth Shaw LLPMs. Douris may be contacted at
mdouris@seyfarth.com
How to Properly Fill Out and Use the Conditional Waiver and Release on Final Payment Form Used in California Construction
December 30, 2025 —
William L. Porter - Porter Law GroupThis is the third 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 Conditional Waiver and Release on Final 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.
At the end of this article is a copy of the form itself which includes numbers coinciding with the instructions I will give below. A live electronically fillable version of the form is available on our firm’s website (www.porterlaw.com) under the “Forms” section. It is free and you can fill it out on your screen before printing it out and signing it.
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