The Construction Counselor

On Wednesday, April 10, 2024, Governor Kim Reynolds approved Senate File 455. This new law limits the ability of cities and counties to regulate topsoil and stormwater on construction sites.

The construction industry continues to face challenges in securing qualified workers for their projects, with some companies turning to staffing agencies and temporary workers to solve this challenge. Companies turning to this solution need to be aware of the unique legal and practical considerations of doing so, as illustrated in the recent Iowa Court of Appeals case of Calabretto Building Group v. Tradesmen International, LLC,.

This is the third post in a three-part series discussing the impact of the U.S. Department of Labor final Davis-Bacon Act Labor Standards rule changes that go into effect on October 23, 2023.

This is the second post in a three-part series discussing the impact of the U.S. Department of Labor final Davis-Bacon Act Labor Standards rule changes that go into effect on October 23, 2023.

On October 23, 2023, substantial changes to U.S. Department of Labor regulations governing federally funded construction projects subject to the Davis-Bacon Act and Related Acts go into effect.

The Minnesota Legislature had a busy first half of 2023 that included passing several major new employment-related bills.

On May 25, 2023, the Supreme Court of the United States issued a decision in Sackett v. Environmental Protection Agency, significantly contracting the jurisdictional reach of the federal Clean Water Act (CWA) over wetlands. The majority decision is the most consequential CWA decision in decades, one likely to exclude millions of acres of formerly jurisdictional wetlands from federal regulation.

With the rise in construction projects that are audited, it is important for owners, general contractors and subcontractors of all tiers to understand both the basics and specific concepts regarding construction audits and seek legal counsel as needed.

Effective July 1, 2022, Iowa added an alternative project delivery method to the options available to Iowa public entities–construction manager at risk, also known as CM at risk and CMAR. 

On June 17, 2022, the Iowa Supreme Court rendered a decision in the Borst Brothers Const. v. Finance of America case involving a mechanic’s lien, which addressed one aspect of the pre-lien notice requirement for Iowa subcontractors on residential projects.

Non-disclosure agreements (NDAs) are often part of the discussions my clients have surrounding a potential construction or real estate project to protect the confidential information regarding the project and proprietary information of the parties.

Over the next five years, $1.2 trillion in federal funds will flow into thousands of infrastructure-related projects throughout the nation thanks to the 2021 Infrastructure Investment and Jobs Act, also known as the Bipartisan Infrastructure Law (BIL).

Home improvement projects often end with disputes between the owner and contractor regarding the quality of the work done and the amount due the contractor. 

The desirability of lakeshore property is no secret. This desirability often creates conflicts between existing lakeshore owners who want to maintain the status quo by preventing development and developers looking to build and sell lake homes.

New homebuyers often discover imperfections in their newly-constructed homes. Some of these imperfections are construction defects and others are simply part of the construction process.

In the last several months, I have heard from many homebuilders and general contractor clients regarding the substantial increases in the cost of lumber and other materials; HBA Iowa reports about an 80 percent increase in lumber costs since mid-April.

On February 7, 2020, the Iowa Supreme Court issued a final decision in Standard Water v. Jones, a long-standing residential mechanic’s lien case stemming back to a 2013 mechanic’s lien.

On February 14, 2020, the Iowa Supreme Court issued decisions in three companion cases involving residential contractor, 33 Carpenters Construction, affirming the Court of Appeals’ decisions against such contractor.