Construction & Public Contracts

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Workers at the construction site
Architects and investors meeting at the construction site, on top of the residential building under construction.

Wisconsin’s recently enacted 2025 Act 173, commonly referred to as the “Truth in Planning” law, introduces important changes to the relationship between comprehensive planning and zoning for municipalities. Act 173 represents a meaningful shift in Wisconsin land use law and reflects broader policy objectives related to housing availability and affordability. By requiring municipalities to plan for residential development in a more detailed and transparent manner, the legislature intended the updated statutes to reduce uncertainty and facilitate the construction of…
Continue Reading Truth in Planning Law Changes Planning and Zoning for Municipalities

Significant changes to federal contracting rules are reshaping how businesses interact with the U.S. government, particularly when it comes to compliance, workforce policies, and pricing strategies.

These changes stem largely from Executive Order 14173 (EO 14173), signed in January 2025, which revokes long‑standing affirmative action requirements and introduces new certification obligations for contractors.

For companies that rely on federal funding or work on federally supported projects, understanding the new expectations is critical to staying compliant and minimizing risk.

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Continue Reading New Rules for Government Contractors: Compliance Changes for the Construction Industry

Preserving lien rights can be important in any type of economy, but is even more important when the economy is uncertain. Taking the following important steps can protect your lien rights on projects located in Wisconsin.

Step 1 – Give Your Initial Lien Notice. On wholly residential projects involving up to four family living units, contractors who have a contract directly with the owner (i.e., prime contractors) who will contract with any subcontractors or suppliers for labor or materials…
Continue Reading Contractors – Know Your Lien Rights

Most projects get completed and finally paid without having to resort to outside parties to resolve a dispute. Attorneys maximize the chance of success by teaching clients from our experiences – particularly clients who don’t have a lot of in-house knowledge about the most frequent causes of disputes.

James M. Dash headshot
James M. Dash, Houston 1985, is a founding equity member with Carlson Dash LLC in Milwaukee, where he concentrates his practice on the law of business in construction and design.

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Continue Reading Avoid Project Disputes Before They Begin: The Lawyer’s Role in Guiding Client Expectations

Shot of a group of unrecognisable businesspeople having a meeting in a modern office
Planning the way to profit

Numerous school referenda were approved in the 2025 Spring election this week, and construction is now on the horizon. Let’s consider the contracts that will become the foundation of these building projects.

The American Institute of Architects (AIA) provides a comprehensive suite of contracts designed to streamline the creation and management of construction agreements. While these forms are expertly crafted to anticipate challenges in construction projects, they are primarily tailored for commercial use rather than for governmental entities such…
Continue Reading Why School Districts Should Consult With Legal Counsel Before Signing a Standard AIA Contract

Federal projects can be complicated – prime contractors must deal with often exacting government performance standards and obscure federal legal requirements.

Subcontracting on a federal project adds an increased level of complexity, as the subcontractor must not only meet the prime’s contractual requirements but also comply with many of these same federal clauses, which are duplicated or “flowed down” from the prime contract to the subcontract.

Samuel W. Jack headshot

Samuel W. Jack, George Washington University 2008, is of counsel with Dempsey

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Continue Reading Navigating Flow-Down Clauses in Federal Projects

Courtroom And Gavel
Interior of an empty courtroom with gavel and sounding block on the desk.

Cincinnati Insurance Company v. James Ropicky, et al., No. 2023AP588, 2024 WL 5220615 (Wis. Ct. App. Dec. 26, 2024)

On December 26, 2024, the Court of Appeals of Wisconsin issued is decision in Cincinnati Insurance Company v. James Ropicky, et al., No. 2023AP588, 2024 WL 5220615 (Wis. Ct. App. Dec. 26, 2024), addressing whether an ensuing cause of loss exception to a Construction Defect Exclusion, Fungi Exclusion, and Fungi Additional Coverage endorsement contained in a homeowner’s insurance policy issued…
Continue Reading Wisconsin Appellate Court Interprets Construction Defect Exclusion and Fungi Exclusion

Posted on August 23,2024 in Commercial Litigation
Commercial construction projects are complicated. They involve many people, detailed contracts, and large amounts of money. Because of this complexity, disputes, or disagreements often arise.

These disputes can range from contract disagreements and project delays to payment problems and concerns about the quality of work. When these disputes happen, they can halt the project and lead to expensive legal battles.

This is where attorneys who are skilled in construction law come in.
Continue Reading How Attorneys Help with Commercial Construction Disputes

 
 Posted on July 31, 2024 in Commercial Litigation
Construction projects require significant investments of time, money, and resources. Unfortunately, work performed on these projects may not meet proper standards and defects can lead to serious safety concerns and financial losses. Civil litigation can be an effective way to address these defects and recover compensation for the damages caused. An experienced attorney can help property owners, real estate developers, or other parties address these issues correctly through construction litigation…
Continue Reading How Can Civil Litigation Address Construction Defects?

Contracts form the foundation of many business transactions and relationships. When one party fails to fulfill their obligations under a contract, the other party will need to determine how to address the breach of contract. Commercial litigation may be necessary to resolve contract disputes. By demonstrating that they have suffered harm due to a breach of contract, the injured party can receive appropriate remedies. An experienced attorney can provide representation in these cases, helping injured parties seek remedies…
Continue Reading When Can Civil Litigation Address a Breach of Contract?

motor insurance , car insurance , vehicle insurance
Examine and think before taking out insurance

In 5 Walworth, LLC v. Engerman Contracting, Inc., 2023 WI 51, the Wisconsin Supreme Court addressed insurance coverage for damages allegedly caused by the deficient construction of an inground swimming pool. The pool cracked, causing water to leak into and destabilize the surrounding soil. Attempts were made to fix the cracks, but ultimately the entire pool structure had to be demolished and replaced. The homeowner then sued the general contractor who constructed the defective pool and its two insurers.
Continue Reading Wisconsin Supreme Court Rules Integrated Systems Analysis Does Not Apply to Evaluating Insurance Coverage Under a CGL Policy

New house building at the construction site.
New house under construction, front view from garage door entry with clouds blue sky. Framing of home exterior structure with a pile of lumber and siding plank leftover. Real estate business industry.

There are a variety of situations where construction litigation may be necessary to address issues such as shoddy workmanship, defective materials, or other problems that lead to property damage. One factor that played a role in Wisconsin construction litigation cases was known as the “integrated systems rule.” This rule stated that insurance coverage for property damage would only apply if damage occurred to “other property.” However, a recent ruling by the Wisconsin Supreme Court has rejected this rule. This…
Continue Reading Wisconsin Supreme Court Addresses Integrated Systems Rule in Construction Litigation

The recent shared revenue bill negotiated, passed, and signed by the Wisconsin State Legislature and Governor Evers made statutory changes to regulating nonmetallic quarry operations. These changes balance local authority and the need for construction materials (e.g., gravel, crushed stone, and sand) while ensuring safety and regulatory consistency.
Local Regulation
Local political subdivisions may still enact nonmetallic mining ordinances requiring a conditional use permit or a nonmetallic mining license. Any new regulation requiring such permit or license will not…
Continue Reading New Law Addresses Nonmetallic Mining Regulations

By: Attorney Chris Strohbehn and Law Clerk Nancy Cattani

Few things are more terrifying than the idea of being inside a building that collapses. People in this situation may be injured by falling rubble or could be pinned under debris, such as collapsed walls and ceilings. Collapses of large, multi-story buildings are likely to be even more dangerous, as people could experience serious or fatal injuries in falls, and rescuers may need to dig through tons of debris before…
Continue Reading Who Can Be Held Liable for Losses in a Building Collapse?

Today, DeWitt LLP announced attorney Theresa Roetter was elected as the Vice President of the Academy of Adoption & Assisted Reproduction Attorneys
(AAAA) for a one-year term ending in May 2024.
She is also co-chair of the 2024 AAAA annual conference, which will welcome adoption and assisted reproduction professionals from around the world to Milwaukee May 5-7, 2024.
Roetter, who provides assisted reproduction and adoption services to her clients, is one of just a handful of attorneys in Wisconsin…
Continue Reading Theresa Roetter Elected Vice President of the Academy of Adoption & Reproduction Attorneys

Building codes are something most of us don’t hear much about (unless you binge-watch HGTV reno shows like I do). Created to establish minimal life safety requirements for the construction/renovation of buildings, they can vary from state to state and even town to town. Building codes first became part of the American legal landscape in the 1800s, driven in large part by fears of fires spreading through cities.

As federal, state, and local governments deal with the damage done…
Continue Reading What Engineers and Architects Need to Know about Building Codes and Climate Change