Colin Higgins

Colin Higgins

Snell & Wilmer

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Under Construction - December 2015

Letter from the Editor - Welcome to the final 2015 edition of our Under Construction newsletter. It is hard to believe that 2016 is right around the corner! Drones are a hot topic right now. The first article in...more

12/10/2015 - City Councils Construction Defects Drones Federal Aviation Administration (FAA) General Contractors Local Ordinance Pay if Paid Piece-Rate Pay Retainage Section 333 Exemption Subcontracts Unenforceable Contract Terms Unmanned Aircraft Systems

New California Law Creates New Requirements for Employers Paying Workers on a Piece-Rate Basis

On October 10th, Governor Jerry Brown signed into law Assembly Bill No. 1513, which creates new burdensome rules for employers that utilize piece-rate employees in California. Effective January 1, 2016, the new law (which...more

12/7/2015 - Employer Liability Issues Governor Brown Piece-Rate Pay Popular Safe Harbors Wage and Hour

Summary of California’s Prompt Payment Laws

The California legislature has enacted a comprehensive series of prompt payment statutes that are designed to ensure the prompt payment of progress payments and retention payments to downstream contractors by imposing harsh...more

9/5/2014 - Construction Contracts Construction Industry Contractors General Contractors New Legislation Prompt Payment Public Projects Subcontractors

New California Law Permits Expanded Use of Construction Managers At-Risk in Public Contracts

On October 3rd, Governor Jerry Brown signed into law Senate Bill 328 which permits counties to enter construction manager at-risk agreements for construction of projects over $1 million. Counties now join other public...more

12/11/2013 - Construction Contracts Construction Workers Managers

Under Construction - December 2013

Welcome to our final issue of Under Construction in 2013. We hope your year has been filled with health, happiness, peace and prosperity. We thank you for your readership, and we continue to appreciate the opportunities we...more

12/5/2013 - Anti-Indemnification Statutes Competitive Bidding Design-Bid-Build Foreclosure Mechanics Lien Mortgages

Under Construction - September 2013: California’s Economic Loss Doctrine – Limits on Tort Recovery

In California, the economic loss rule addresses the distinction between suits in contract and tort. A contract claim can typically be pursued to recover all damages proximately caused by breach of contract, unless expressly...more

9/20/2013 - Breach of Contract Contract Disputes Economic Loss Doctrine

Under Construction - September 2013

Welcome to the fall 2013 issue of Under Construction. In this issue, we focus on the economic loss doctrine and how the different courts in our firm’s footprint treat it similarly and differently. We hope you enjoy our review...more

9/17/2013 - Economic Loss Doctrine Indemnification Prompt Payment

California Scores Another Cap-and-Trade Victory

The California Air Resources Board (CARB) scored another victory in its ongoing effort to reduce greenhouse gas (GHG) emissions in the state to 1990 levels under the mandate of AB 32 (the “Global Warming Solutions Act of...more

2/15/2013 - Cap-and-Trade CARB Carbon Off-Set Credits Global Warming Solutions Act Greenhouse Gas Emissions

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