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Welcome
Welcome to our first issue of 2026 of The Site Report – our construction law insights e-newsletter. We hope you find it informative and helpful. If you have suggestions for content, format, or anything else, please let us know. We appreciate you taking the time to read and engage with our content.
As we kick off 2026, we want to remind you of one of our highly valuable areas of law – workplace investigations. Spilman lawyers are skilled in conducting independent, confidential internal investigations involving highly sensitive workplace matters. Our attorneys advise employers across a broad range of industries, including the construction industry. Our own Erin Jones Adams addresses workplace investigations in the Featured Attorney Q&A below. Please reach out if you have questions about this specialized area and click here to learn more about our practice.
2026 Smart Business Dealmakers Conference, February 19, Pittsburgh, Pennsylvania
What are CEOs saying about today’s climate for dealmaking? Join Spilman on February 19th at the 2026 Smart Business Dealmakers Conference to hear firsthand insights from Pittsburgh’s top business leaders. Dealmakers gathers hundreds of local CEOs, investors, lenders and service providers so you can stay on top of M&A trends. Don’t miss this high-level conversation on the front lines of buying, selling and scaling.
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Thank you!
Stephanie U. Eaton - Co-Chair, Construction Group and Editor, The Site Report
Julian E. Neiser - Co-Chair, Construction Group and Chair, Litigation Department
Jonathan A. Deasy - Assistant Editor, The Site Report
| | How Do Georgia’s Newest Construction Laws Affect Your Construction Projects for 2026? | | |
By Stephanie U. Eaton
2025 was a busy year for the Georgia Legislature and Governor, and several key laws were enacted that impact construction in Georgia that took effect July 1, 2025. As you will see, certain House and Senate Bills overlapped on some legal provisions, such as requirements for continuing education. Here is a brief overview of these laws, many of which may impact your construction company’s operations, such as licensing, continuing education, bidding and retention thresholds for Georgia projects in 2026.
Click here to read the entire article.
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“As AI spreads across construction, contractors need simple tools that scale expertise, reduce risk and deliver real jobsite results without adding complexity.”
Why this is important: In construction’s emerging AI era, the technologies that will ultimately win are not the most sophisticated, but the simplest to deploy and use effectively. Rather than prioritizing complex model architecture or flashy innovation, successful AI tools will be those that reduce friction on jobsites, scale the expertise of seasoned professionals, and measurably improve productivity while minimizing rework. Construction professionals should therefore take caution when accumulating “AI debt” – the operational and financial burden created by poorly integrated or overly complicated systems – particularly in an industry defined by tight margins and high execution risk. For construction lawyers and industry advisors, the takeaway is clear: technology adoption will increasingly influence contract drafting, risk allocation, data governance, and dispute exposure. Understanding which tools genuinely enhance performance, as well as those that introduce new layers of cost, ambiguity, or liability, will therefore be critical when it comes to procurement, compliance, and the allocation of responsibility in construction agreements. --- Jonathan A. Deasy
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“In a recent poll, 42% of Pennsylvanians said they do not want one built in or near their community.”
Why this is important: Pennsylvanians are voicing their concerns about the rapid increase in data center construction throughout the commonwealth—and state lawmakers are listening, though it is unclear whether those lawmakers will be taking any concrete steps in the immediate future to slow down the number of new projects sited in the state. Residents are worried about the strain on local resources, including water and electricity, as well as secondary effects like pollution. State lawmakers on both sides of the aisle share these concerns and have proposed legislation that would enact stricter oversight at the community level and give more control to the municipalities hosting data centers. Other bills propose regulating energy costs, enacting stricter permitting guidelines, or requiring more thorough emergency planning. Some place a moratorium on building altogether. Governor Josh Shapiro, on the other hand, has been a vocal supporter of data center construction in Pennsylvania and believes it is critical to the state’s economic development. For now, while Pennsylvania is a state to watch in terms of stricter data center regulation, major changes to the regulatory landscape do not seem likely to happen overnight. --- Jamie L. Martines
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“The first BESS, at a cost of approximately $100 million, began serving customers in November.”
Why this is important: Duke Energy officially commissioned a 50 megawatt (MW), four-hour battery energy storage system (BESS) at its retired Allen coal plant on Lake Wylie, North Carolina. The project, which costs an estimated $100 million, began serving customers in November 2025 and has completed final testing this month.
The BESS was constructed on the Allen site following the plant’s decommissioning in December 2024, representing a strategic reuse of existing energy infrastructure. According to Duke Energy, repurposing former coal plant sites aligns with the company’s broader transition strategy while supporting regional economic continuity in Gaston County.
The battery at Allen is only the first phase of a larger energy storage transformation at the site and in the Carolinas. A second, larger 167 MW, four-hour BESS is scheduled to begin construction in May 2026 on acreage where emissions control infrastructure once stood.
Duke Energy’s investment in large-scale BESS assets illustrates the utility industry’s broader shift from fossil generation toward flexible, dispatchable clean energy infrastructure, while maintaining reliability and cost efficiency for customers. It also shows Duke Energy is serious about the prospect of data centers continuing to be planned for the greater Charlotte area. --- Jason E. Wandling
| | Executive Actions on Immigration Impacting Employers | | |
By Emily R. Merritt
Since taking office earlier this year, President Trump has signed a flurry of executive orders, many of which greatly impact employment-related issues for employers. For example, Executive Order 14159, “Protecting the American People Against Invasion,” stepped up the enforcement of immigration laws through the U.S. Immigration and Customs Enforcement, the U.S. Department of Homeland Security, and the U.S. Department of Health and Human Services. Critically, however, there have not been any new immigration laws executed under the Trump administration. Instead, E.O. 14159 operates under the authority of existing immigration law, the Immigration and Nationality Act, 8 U.S.C. § 1302. Under this Executive Order, immigrants who do not comply with the Act’s registration requirements could receive civil penalties, be removed from the United States, or be detained.
Click here to read the entire article.
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“Key updates outline costs and completion dates for various stretches, benefiting industries and transportation links upon full buildout in 2034.”
Why this is important: Progress continues on West Virginia’s long-anticipated Corridor H highway, with multiple segments moving forward in design and construction as part of a phased strategy toward full buildout. First proposed in the mid-1960s, Corridor H remains a cornerstone of the region’s transportation modernization and economic development plan. Here in 2026, a little over 100 miles are open to traffic.
Corridor H is designed as a limited-access, four-lane highway spanning approximately 132 miles in West Virginia and an additional 14.4 miles in Virginia, ultimately connecting Interstate 79 near Weston, WV to Interstate 81 near Front Royal, VA, at the junction with I-66.
The highway is part of the federal Appalachian Development Highway System, designed to stimulate economic growth in historically isolated mountain communities. When complete, Corridor H is expected to strengthen regional connectivity, support local industries (like timber and manufacturing), and expand tourism opportunities across West Virginia’s highlands. The highways developed as part of that system are explicitly designed to open up formerly remote regions to tourism and economic activity.
The next major construction phase — the Parsons to Davis segment — remains in advanced design and funding planning. Innovative engineering solutions are being integrated to address geological challenges, improve safety, and minimize environmental impacts, including advanced interchange designs and structural spans over sensitive watersheds.
Federal, state, and local partners continue to coordinate on permitting, environmental review, and procurement to maintain project momentum. While long-range completion is targeted for the early to mid-2030s, leaders emphasize ongoing efforts to accelerate critical elements where feasible.
This is important to the region and to West Virginia because Corridor H’s eventual connectivity to Interstate 81 and inland port facilities is expected to drive measurable economic impacts, facilitating export routes for West Virginia goods and enhancing freight mobility across Appalachia. In addition to industrial benefits, improved highway infrastructure supports regional tourism and community access, aligning with broader state development goals. --- Jason E. Wandling
| | Virginia Code § 8.01-42.6 Expands Potential Liability of Employers | | |
By Julian F. Harf
A Virginia law that took effect on July 1, 2025, has expanded the potential liability of employers in certain personal injury and wrongful death actions. Under Virginia’s traditional standard for vicarious liability, an employer could only be held liable for the tortious acts of its employee if the employee acted within the scope of employment. Virginia Code § 8.01-42.6 changes the landscape. The law provides a mechanism to hold employers liable for their employees’ tortious acts under certain circumstances involving “vulnerable victims,” regardless of whether the tortious conduct arose while the employee was performing a job-related service for the employer.
Click here to read the entire article.
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“According to a September 2025 report from the Energy & Manufacturing in Appalachia initiative, approximately 92 gigawatts of data center capacity are currently in the pipeline across the United States, with seven gigawatts being added monthly by the end of 2024.”
Why this is important: The U.S. Department of Energy projects that data centers could consume between 6.7 and 12 percent of total U.S. electricity by 2028. This growth requires new power generation. With the 300 traditional data center hubs becoming saturated in Northern Virginia, data center developers and tech companies are pushing for growth in the depopulated communities where coalfields used to populate in Kentucky, West Virginia, and Virginia. This growing industry could have an impact on tax revenue, the job market, and the environment. --- Taiesha K. Morgan
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“The court decision enables work to continue on the project while Dominion Energy’s lawsuit challenging a federal agency’s action proceeds.”
Why this is important: The U.S. District Court for the Eastern District of Virginia granted Dominion Energy a preliminary injunction allowing construction to resume on its 2.6 GW Coastal Virginia Offshore Wind (CVOW) project while the company’s legal challenge to a federal pause on renewable energy projects initiated by the Trump administration continues. The decision temporarily lifts a stop-work order issued by the U.S. Department of the Interior in December 2025, which had halted multiple offshore wind developments citing national security concerns.
The CVOW installation, located off Virginia Beach, is among the largest offshore wind projects in the United States and is designed to generate enough electricity to power approximately 660,000 homes. Dominion says the injunction enables the team to safely restart construction and aim for planned energy delivery timelines as the federal court process unfolds.
The court’s ruling represents a setback for the regulatory pause and a broader confirmation from multiple federal judges this month, allowing offshore wind projects to proceed despite the administration’s suspension orders.
While the injunction permits progress in the near term, the ultimate resolution of the legal challenges will determine the project’s long-term construction trajectory and regulatory framework. This is one to watch. --- Jason E. Wandling
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Why this is important: North Carolina courts heavily scrutinize restrictive covenant agreements, which is reflected in the recent Order issued by the North Carolina Business Court in Evergreen Builder Solutions, LLC v. Taylor.
Evergreen, a North Carolina spray foam and thermal insulation contractor, filed a complaint against two former employees alleging breach of their non-compete, non-disclosure, and confidentiality agreements. Specifically, those employees agreed not to disclose Evergreen’s confidential or proprietary information to third parties and not to “compete” with Evergreen either “directly or indirectly” for a period of at least three years after their employment with Evergreen ended. One employee also agreed not to solicit Evergreen or its members, managers, employees, clients, vendors, suppliers, operations or affiliated companies without limitation, whereas the other employee agreed not to solicit, work for, or hire any managers, employees, or clients of Evergreen for three years after their employment ended. Collectively, the two agreements restricted the employees within 150 miles of an Evergreen location’s in Raleigh and Wilmington, within a 350-mile radius of Raleigh, and within a 250-mile radius of an operating or sales location of Evergreen.
In the complaint, Evergreen alleged that the two employees breached their agreements by working in the same industry and providing the same services, soliciting Evergreen’s clients, and disclosing confidential information, including a client list and bid preparation formulas. The Court, however, held that the non-compete and non-solicitation provisions were “overly and unenforceably broad” because they restricted employees from “competing ‘directly or indirectly’ in any capacity with Evergreen across at least a one-hundred-fifty (150) mile radius spanning three separate states for a period of at least three years.” No. 25-CV-003575, 2025 NCBC 77, ¶¶ 44, 46. Further, the Court held the provisions were “so broad that they conceivably encompass[ed] any and all services and products in any way offered, and clients in any way serviced, by Evergreen at any time, regardless of whether [the employees] provided the products or services on behalf of Evergreen and regardless of whether Evergreen itself provided the product or service . . . during the period of [their] employment.” Id. ¶ 45. As a result, the Court dismissed Evergreen’s breach of contract claims. --- Emily R. Merritt
| | Featured Attorney Question & Answer | | |
Erin Jones Adams
Member, Co-Chair of the Workplace Investigations Practice Group
Office 336.727.7652
eadams@spilmanlaw.com
Q: Workplace investigations can be a common occurrence in the construction industry. As someone who is well-versed in this process, what is your best practice advice?
A: Workplace investigations serve a critical purpose for any organization. The aim is to uncover the facts surrounding allegations of misconduct, to determine if the reported behavior occurred and violated company policies, and to ensure accountability. To facilitate this truth-seeking process and the remediation of harm, it is essential that workplace investigations are prompt, thorough, and impartial.
When an organization receives a report of misconduct, the workplace investigation should begin immediately. Promptness serves multiple functions. It demonstrates that the organization takes employees’ concerns seriously. Employees who observe an organization act swiftly to address noncompliance with company policies are more likely to follow those policies, to bring those concerns directly to the organization for resolution rather than a third-party enforcement agency, and to trust the review process and outcome. Promptness also avoids the loss of key evidence and supports witnesses’ recollections of the events. For example, if data such as video footage that either corroborates or disproves the misconduct is regularly overwritten under normal retention guidelines, immediately suspending those procedures to preserve that data is imperative.
Acting immediately, however, does not mean carelessly. Workplace investigations should be sufficiently thorough to collect the relevant facts and determine whether the misconduct occurred, and this requires planning. The investigator should review the complaint to assess the nature of the concerns, to identify company policies that may be implicated by the reported misconduct, and to determine the individuals whom the investigator should interview (e.g., complainant, accused, and witnesses) and any documentary or other evidence that should be collected during the investigation. The investigator should carefully follow their investigation plan while also recognizing that it is a living document that may require updates during the review process as additional evidence is presented.
Lastly, the person assigned to investigate the complaint must be able to serve as an impartial adjudicator. An individual who is implicated by the allegations of misconduct, has a personal stake in the outcome, or is a witness in the investigation should not be the investigator. The investigator must be someone who can fairly assess the complaint without bias. It is also critical that the investigator is trained to conduct workplace investigations. When an organization lacks an internal resource to serve in this role or the stakes are high, such as when the complaint involves an allegation of unlawful behavior (e.g., discrimination, harassment, or retaliation) or conduct that violates a client contract or regulation (e.g., construction guidelines or safety requirements), the company should consider engaging an external attorney-investigator to conduct the investigation. An attorney-investigator can provide legal insight, ensure impartiality, and maintain attorney-client privilege, which protects confidentiality and mitigates legal risk.
When it comes to conducting effective and legally compliant workplace investigations, there is a lot to consider. If you have any questions about workplace investigations or need to engage an attorney-investigator, please reach out to any member of our Workplace Investigations Practice Group. Spilman’s experienced attorney-investigators are available to help you navigate this complex process.
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