Under the President’s Executive Order 14275: Restoring Common Sense to Federal Procurement, the government is undertaking a comprehensive overhaul of the Federal Acquisition Regulation (FAR). Led by the Office of Federal Procurement Policy (OFPP) and the Federal Acquisition Regulatory Council (FAR Council), the initiative aims to “return the FAR to its statutory roots,” regulate in plain language, and remove superfluous words and references. On August 27, the FAR Council released its revisions to FAR Part 33, which addresses Bid Protests, Contract Claims and Appeals of Contract Claims. We completed our deep dive into the Subpart 33.2 portion of the rewrite, which addresses claims and appeals. Construction companies that perform government contracts should welcome the changes rather than fear them.
Federal Court Halts Enforcement of Texas SB 2337 Regarding Proxy Advisor Disclosure of ESG or Other “Nonfinancial” Considerations
Enacted earlier this year and scheduled to take effect September 1, SB 2337 would impose new disclosure obligations on proxy advisory firms issuing recommendations regarding Texas-based public companies, including a requirement that any recommendation based in whole or in part on environmental, social, or governance (ESG) or other “nonfinancial” considerations be accompanied by a disclaimer that such advice subordinates shareholder financial interests to other objectives. But, on August 29, 2025, Judge Alan Albright of the U.S. District Court for the Western District of Texas entered preliminary injunctions in two related cases enjoining the State from enforcing Senate Bill 2337 against Institutional Shareholder Services (ISS) and Glass Lewis, the two firms that together account for the vast majority of proxy advisory services in the U.S. While the injunctions technically apply only to the named plaintiffs, their market dominance—an estimated 97 percent of proxy advisory services—renders the orders functionally dispositive of the law’s near-term enforceability.
The Construction Gigaprojects Report
Construction “gigaprojects” are initiatives with expenses of well over $1 billion and which involve time periods of well over five years. They are engagements whose extraordinary size, duration and complexity might induce even the most seasoned of project professionals to rethink how they “do contracts.” The prospect of a gigaproject does not so much raise new questions as call for the careful reconsideration of otherwise established answers. What alternative forms of contracting might one use, how might they allocate economic and project risks, and what compensation might drive the parties’ behavior?
The 2025 Legal Horizon for U.S. Offshore Wind
In its first nine months, the Trump administration has taken multiple actions impacting offshore wind development and generating substantial uncertainty as to the industry’s future in the United States. Those actions have placed future projects on the defensive across multiple fronts. In response, some states and project proponents have instituted plans to try to protect existing and planned projects and encourage opportunities in welcoming jurisdictions. This article recaps the extraordinary activity in this energy sector in 2025.
Real Estate & Construction News Roundup (8/20/25) – Hotel Growth Forecast, Data Center Availability and an AI Rental Revolution
In our latest roundup, AI cuts disaster infrastructure losses, multifamily drives increase in CRE delinquency rates, commercial services firms lead in office and industrial leasing activity, and more!
R-E-C-I-P-R-O-C-I-T-Y ~ Find Out What It Means to You (Updated August 2025)
UPDATED August 2025: What a difference eight years make. This article was originally published in 2014 and was updated in 2017. We have again updated the links to the relevant agency resources.
The question frequently arises for participants in a nationwide construction contracting industry. Simply stated, is a licensed contractor in good standing in State A permitted to offer to contract for or to perform work requiring a contractor’s license in State B?
Texas Enacts Landmark Restrictions on Foreign Land Ownership Under SB 17
On June 20, 2025, Texas Governor Greg Abbott signed Texas Senate Bill 17 (SB 17) into law, reshaping the landscape for global investment in Texas real estate. When the new statute takes effect on September 1, 2025, it will impose expansive state-level restrictions on property ownership through sweeping prohibitions aimed at limiting land acquisition by certain foreign governments, companies and individuals.
Real Estate & Construction News Roundup (7/30/25) – Data Centers in Space, Low-Income Housing Problems and Spike in Multifamily Completions
In our latest roundup, more office space is being demolished/converted than built, Landingplace Hotels launches two conversation brands, developers cite expenses with low-income housing, and more!
Real Estate & Construction News Roundup (7/23/25) – Builders Look for Startups, AI Transforms Real Estate and Interest Rates Stall Construction Momentum
Our latest roundup features adaptive reuse in the hospitality industry, falling home prices in major markets, loan maturity in real estate, and more!
From Waste to Wealth: Texas Supreme Court Ruling in Cactus Water Defines Produced Water Ownership, Sets Stage for Clarity on Critical Mineral Markets in Texas
On June 27, 2025, the Texas Supreme Court issued its long-awaited decision in Cactus Water Services, LLC v. COG Operating, LLC, No. 23-0676, resolving a high-stakes dispute over the ownership of produced water—a vexing byproduct of oil and gas production that is increasingly being viewed as a resource rather than waste—and its constituents. The Court held that, unless expressly reserved, a deed or lease conveying oil and gas rights also conveys produced water as part of the mineral estate. The decision not only reinforces the ownership of produced water under Texas oil and gas law, but also offers insight into how emerging practices such as direct lithium extraction (DLE) from produced water might be treated under existing legal frameworks.