California construction may not be feeling the effects of immigration enforcement yet, but many contracts and site protocols are not built for an unexpected ICE visit.
Immigrants account for more than 60% of California’s construction industry, making job sites particularly vulnerable to disruption from changes in federal immigration enforcement. An enforcement visit could interrupt work, affect staffing and site access, and create delays, added costs and coordination problems across a project.
What construction counsel should be considering now
Most construction contracts were designed to address risks such as weather, strikes and site accidents, not the possibility of a federal enforcement action disrupting a job site. Drawing on insights from construction attorney Jonathan Dunn of SMTD Law LLP, this white paper examines how attorneys can prepare clients for that emerging risk before it materializes.
Download the white paper to explore
The contract lessons from COVID-19: Why change-in-law provisions may provide a more useful framework than narrowly written force majeure clauses when government action affects staffing, productivity or site access.
Contract drafting considerations: What to review in change-in-law provisions, including enforcement policies and governmental actions, schedule and cost relief, subcontract flow-downs, and notice and documentation requirements.
Where site-level risk could arise: Potential effects on staffing, productivity, inspections, sequencing and subcontractor performance—and why documenting an enforcement event matters.
A new compliance layer to track: What California’s Workplace Know Your Rights Act requires of employers and why construction counsel should be aware of those obligations.
An emerging risk worth monitoring
While litigation does not appear to be imminent, the combination of California construction’s immigrant-dependent workforce and active federal enforcement makes potential disruption a risk worth preparing for.
Reviewing change-in-law language, aligning prime-contract and subcontract terms, coordinating with employment counsel on Know Your Rights Act compliance, and establishing a documented protocol for a site-level enforcement visit are practical steps attorneys can take now to reduce confusion, preserve contractual rights and limit project disruption.
