Tariff Shake-Up: What The Supreme Court Ruling Means For Construction & Development Costs

On Friday, February 20, 2026, the U.S. Supreme Court issued a 6-3 decision in which it held that the President is not authorized to impose tariffs under the International Emergency Economic Powers Act (IEEPA). In 2025, the Trump Administration relied on the IEEPA when it imposed reciprocal and country-specific tariffs that ranged from 15% to 40%, depending on the country and the type of goods being imported. Shortly after the Court issued its opinion, […]

By | Apr 01, 2026 ||

Managing Tariff Volatility In Cross‑Border U.S. Construction Projects

Volatile U.S. tariff announcements continue to affect international supply chains for U.S. construction projects. Although recent litigation has centered on the scope of presidential tariff authority rather than construction‑specific disputes, these decisions carry important implications for how parties structure risk in their contracts. In May 2025, the U.S. Court of International Trade (CIT) struck down certain “Liberation Day” tariffs as exceeding presidential authority under IEEPA. A federal district court in Washington, D.C. likewise issued […]

By | Mar 30, 2026 ||

Ninth Circuit Expands Definition Of The “Building And Construction Industry”

Generally, an employer whose obligation to contribute to a multiemployer pension plan (MEPP) permanently ends incurs a “complete withdrawal” and becomes liable for its allocable share of any underfunding, known as “withdrawal liability.” However, a special definition of complete withdrawal—the B & C Exception—applies to MEPPs that primarily cover workers in the building and construction industry (a B & C Plan). Under this exception, an employer whose obligation to contribute to a B & […]

By | Mar 28, 2026 ||