Administrative Agency Construction Civil Procedure

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The Registrar is Changing the Game for Complaints Against Arizona Contractors

Sweeping changes at the Registrar of Contractors have the construction and real estate industries concerned and curious. The Registrar recently received some poor performance reports by the Auditor General and State...more

Illinois High Court Affirms Viability of Construction Industry Classification Law

The Illinois Supreme Court recently rejected a constitutional challenge by a roofing contractor who alleged the Illinois Employee Classification Act (ECA) violates procedural due process rights and is impermissibly vague. The...more

Utah Supreme Court "Repudiates" the Federal Multi-Employer Worksite Doctrine

In an unapologetic rejection of a decades-old legal fiction hatched by the federal Occupational Safety and Health Administration ("OSHA") and embraced by Utah Division of Occupational Safety and Health ("UOSH"), on January...more

On Second Thought, Wage Ordinance Does Not Expand Federal Court's Jurisdiction

Miami-Dade County's prevailing wage ordinance, which sets minimum wages on publicly funded construction projects, does not authorize plaintiffs to litigate prevailing wage claims in court under the auspices of the Fair Labor...more

Effective Use of CPM Scheduling

In a relatively recent case, Metcalf Construction Co. v. U.S., 107 Fed. Cl. 786 (2012), the U.S. Court of Federal Claims once again looked to the critical path method (CPM) in determining the allocation of damages in a...more

Argument Report: Are Statutory Penalties Under the Employee Classification Act Constitutional?

Bartlow v. Costigan involves a constitutional challenge: can the Department of Labor return administrative fines against construction contractors under the Employee Classification Act without mandatory evidentiary hearings?...more

Governmental Agencies and Regulatory Boards Must Now Provide a Reasoned Explanation for Their Decisions in Illinois

The days of governmental agencies or regulatory boards issuing decisions without providing any reasoning may be nearing an end. The Illinois Appellate Court for the Fourth District recently clarified in Medina Nursing Center,...more

Second Circuit Reverses Bacolitsas Decision in Rare Win for Condo Developers

A condominium developer has garnered a significant victory in a dispute with a buyer as the result of a decision by the U.S. Court of Appeals for the Second Circuit....more

Off the Beaten Path: The Federal Circuit Departs From Precedent in Lumbermens

On August 23, 2011, the Washington, D.C. metropolitan area was surprised and shocked by an earthquake with a magnitude of 5.8, leading to the evacuation and temporary closing of multiple public and private buildings, and...more

Court Rejects Use Of Alter Ego Doctrine To “Borrow” Contractor License

California’s Contractors’ State License Law, Business & Professions Code Section 7000 et seq., requires contractors to be licensed unless they are exempt from licensure. Those who perform contracting work without a license...more

Connecticut Supreme Court Reaffirms State's Immunity from Statutes of Limitation

In a decision followed closely by the construction industry, Connecticut's Supreme Court has issued a unanimous decision confirming a long-standing rule that statutes of limitations do not run against the State. The...more

Audit Provisions in Private Construction Contracts: Which Costs Are Subject to Audit, Who Bears the Expense of the Audit, and Who...

Originally published in the Journal of the American College of Construction Lawyers, Volume 6, Number 2, Summer 2012. I. Introduction - Audit provisions are often included in private construction contracts where all...more

First District Reaffirms CEQA Is Concerned With Physical Impacts On The Environment, Not Economic Ones On Government Services

The First Appellate District recently ordered partially published its opinion in City of Hayward v. Board of Trustees of the California State University (2012) __ Cal.App.4th __, 2012 WL 2832858 (cert. for pub. 6/28/12),...more

California Supreme Court Rules that Prevailing Wage Laws Do Not Apply to Charter Cities

In a much anticipated decision, the California Supreme Court ruled on July 2, 2012, that charter cities in California may exempt themselves from state prevailing-wage requirements. In doing so, the Court affirmed the...more

Changes to California Mechanics’ Lien Laws Effective July 1 – Are You Ready?

On July 1, 2012, pursuant to Senate Bill No. 189 (“SB 189”), all of California’s laws regarding mechanics’ liens, stop notices and payment bonds were revised, renumbered, supplemented and/or replaced. Although some provisions...more

District Court Sustains Whistleblower Wrongful Termination Claim

Plaintiff Benjamin Ashmore brought a claim alleging that defendants CGI Group Inc. (CGI) and CGI Federal Inc. (CGI Federal) violated Section 806 of the Sarbanes-Oxley Act, otherwise known as the whistleblower provision. The...more

Affordable Housing Project Found to Be Subject to Prevailing Wages

In a decision filed on June 15, 2012, the Fourth Appellate Court of Appeal determined that an affordable housing project in San Bernardino was subject to the requirement for the payment of prevailing wages under Labor Code...more

Engineer, Architect Not Guilty of OHSA Charges in Wall Collapse: Limitation Period Bars Charges

An engineer and architect were not guilty of Occupational Health and Safety Act charges where the wall collapsed more than one year after their work was completed. The Ontario Occupational Health and Safety Act states that...more

Use of Projected Future Conditions Appropriate Baseline for Analyzing Impacts of Long-Term Infrastructure Projects

In Neighbors for Smart Rail v. Exposition Metro Line Construction Authority, et al. (“Neighbors for Smart Rail”), the California Court of Appeal for the Second District considered plaintiff and appellant Neighbors for Smart...more

Choice Deprives Public Entity of Attorneys’ Fees on Stop Notice

The California Court of Appeal clarified the law on a public entity’s right to recover attorneys’ fees in connection with its withholding of funds from a general contractor because of a stop notice filed by a subcontractor. ...more

Construction Alert: NOTICE! Pending Changes to Pennsylvania's Mechanics' Lien Law

In order to promote full disclosure and identification of subcontractors (defined as both first and second tier subcontractors) who potentially might have a lien claim on a commercial construction project in Pennsylvania,...more

Complaints for False Claims Against the Government Require Specificity and Allegations that the Contractor Falsely Asserted it is...

The False Claims Act, 31 U.S.C. § 3729 et seq., creates liability for companies and individuals that falsely assert to the federal government that the company or individual is entitled to receive government money or property,...more

Don’t Go Near the Water . . . Stymied by Congress, EPA and the Corps Issue New CWA Jurisdictional “Guidance”

On April 27, the U.S. Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers (“Corps”) (“the Agencies”) issued draft guidance (“Proposed Guidance”) that signals a dramatic expansion of asserted...more

Sierra Club Challenges RUS Lien Accommodation Regulation

The Sierra Club has broadened its campaign against approvals granted by the Rural Utilities Service (RUS) related to new coal plants involving electric cooperatives. Having previously challenged specific RUS approvals, the...more

Coastal Commission's No Substantial Issue Determination Will Be Upheld Even If Project Technically Not Consistent With LCP

In Hines v. California Coastal Commission, the First District Court of Appeal upheld the Coastal Commission’s determination that an appeal raised no substantial issue under the California Coastal Act, and went so far as to...more

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