Photo of Jamey Collidge

Jamey Collidge

Subscribe to Jamey Collidge's Posts

Jamey is an associate focusing on construction and government contracts matters. He counsels and represents owners, construction managers, general contractors, and subcontractors in all phases of the construction process and on a wide range of projects including water treatment facilities, mass transit systems, and other commercial and government construction projects. He represents clients both in state and federal court litigation, and alternative dispute resolution proceedings. He also provides counsel on project management issues.

Follow:Read more about Jamey CollidgeJamey's Linkedin Profile

Eastern District of Pennsylvania Decision Highlights Critical Contract Drafting Issues

A recent federal court decision is an important reminder for construction industry professionals about the precise language needed to make mediation a mandatory step before litigation. On November 18, 2025, the U.S. District Court for the Eastern District of Pennsylvania ruled in Healy Long & Jevin, Inc. v. CQSA Construction, LLC that a dispute resolution clause failed to create a binding condition precedent to litigation, despite the general contractor’s arguments to the contrary.

Introduction

On October 23, the Pennsylvania Supreme Court decided Yoder v. McCarthy Const. Inc.,[1] addressing statutory employer immunity in the context of a construction project under the Pennsylvania Workers’ Compensation Act.[2] The court’s decision reaffirmed longstanding precedent that general contractors may claim statutory employer immunity against tort claims initiated by a subcontractor employee, irrespective of whether they actually pay workers’ compensation benefits to an injured subcontractor employee.

The explosive growth of artificial intelligence (AI) is transforming U.S. data center construction, creating new opportunities and challenges across the construction, energy, and technology sectors. Demand for digital infrastructure is surging, requiring massive amounts of energy, larger facilities, and driving record-breaking competition amid resource constraints.[1]

The recent announcements and imposition of tariffs on billions of dollars of goods imported by the United States, as well as reciprocal tariffs announced by countries and other governing bodies across the world, have created an uncertain future for many industries. The energy sector is not immune, as the Trump administration seeks to bring critical infrastructure manufacturing back home. At the same time, the Trump administration’s America-first policy initiatives present a unique opportunity for energy manufacturers to reposition themselves in both global and domestic markets. The solar energy industry is at a unique crossroads. Domestic solar production saw record-breaking growth in 2024, building on years of an expanding footprint. And although the American solar energy industry continues to rely on a globalized supply chain for components critical to the domestic manufacturing of solar panels, US manufacturers have made significant progress toward satisfying domestic solar demands.

Pennsylvania’s statute of repose, enacted in 1976, has long provided construction industry participants with finality by barring claims related to construction defects raised more than 12 years after the completion of construction. However, the bright-line application of the Pennsylvania statute of repose is now under review by the Pennsylvania Supreme Court.

On August 29, 2025, the U.S. Court of Appeals for the Federal Circuit affirmed a ruling by the U.S. Court of International Trade, holding that President Trump overstepped the authority provided by Congress under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA) to impose broad tariffs aimed at addressing drug trafficking, illegal migration, and international trade imbalances. The court deemed unlawful those tariffs imposed on Canada, Mexico, and China meant to curb the flow of illicit drugs and illegal migration, and reciprocal tariffs imposed on dozens of countries throughout the world to curb trade imbalances (collectively, the IEEPA Tariffs).

In 2024, the solar energy generation industry experienced its largest-ever annual rise globally, fueled by China’s 44% solar output boost from January to November 2024.[1] Solar energy output also continues to expand domestically, with the U.S. generating approximately 283 terawatt-hours in 2024, comprising a 14.7% share of the global market. In fact, domestically, solar energy now accounts for more than half of all new electricity on the grid, and, with a continued focus on renewable energy, is projected to continue to grow.[2]

Accreditation: An extract from Thomas Reuters Practical Law. The full document is available at https://content.next.westlaw.com/practical-law/document/Ia6598a02a95a11ee8921fbef1a541940/Discovery-Disclosure-in-US-Construction-Arbitration.

Troutman Pepper attorneys Albert Bates, Zach Torres-Fowler, and Jamey Collidge published a Practice Note explaining key issues in the discovery (disclosure) process of a domestic US construction arbitration, such as conducting disclosure in an…