Administrative Agency Construction General Business

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New Legislative Efforts to Reform Prop. 65 – A Potentially Big Change for Small Businesses

In what is turning into a year of unprecedented talk of reform to the almost 30-year-old Proposition 65, Assemblyman Brian Jones (R-Santee) has introduced AB2361. The bill would permit a company that receives a Proposition...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

Revised law is new paint job for construction remedies

Originally published in the San Francisco Daily Journal - December 26, 2012. If the sudden 2008 credit crunch can be likened to an earthquake, then the following flood of mechanics lien and stop payment notice...more

2013 California Construction Law Update

More than 4,000 bills were introduced in the California State Legislature during the 2011-2012 legislative session. Of these bills, 996 made it to Governor Brown’s desk, of which 876 were signed into law, and 120 were...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

California Expands Prohibition on Certain Indemnity and Cost of Defense Provisions in Construction Contracts

Back in October 2011, California Governor Jerry Brown signed into law Senate Bill 474, which addresses indemnity provisions and cost of defense requirements in commercial construction contracts. The new law goes into effect...more

Will Your Indemnity Clauses be Unenforceable on January 1, 2013?

Amendments to California’s construction indemnity statutes will go into effect on January 1, 2013. Your commercial construction contracts may need to be modified or other strategies may need to be implemented or your...more

State Mandated Accessibility Inspections

In September 2012, the State Senate created a new state mandated local program by enacting S.B. 1186 which requires local agencies fund increased Certified Access Specialist (“CASp”) services. CASps work for local...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

Mixed Results for Renewable Energy as State Assembly Goes on Recess

Three out of four is an exceptional batting average, but renewable energy advocates are undoubtedly disappointed by the one big loss they suffered in the recent legislative session. Three bills related to solar energy and...more

Property Owners Have No Indemnification or Other Liability-Shifting Rights Against Consultants Whose Advice Results in ADA Title...

Owners of "public accommodations" covered by Title III of the Americans with Disabilities Act, as well as public entities with facilities governed by Title II of the ADA, often rely on the advice of consultants for compliance...more

FTC Green Marketing Guides

The Federal Trade Commission (“FTC”) announced the release of revised “Green Guides” on October 1, 2012. The Green Guides are intended to help marketers avoid making misleading environmental claims. The Green Guides are...more

New State Bill to Bring Community-Based Renewable Energy to California

Environmentally minded renters who are unable to install solar panels on their roofs because they don’t own their buildings, will have a new way to take part in the generation of solar power, and benefit as a result, if SB843...more

Retroactive Revival Of Liability By Legislation

The US Supreme Court sometimes makes news by refusing to hear cases, not by taking them. That was certainly the case on May 29, 2012 when the Supreme Court declined to hear a case in which Minnesota’s high court upheld state...more

Practical new requirement pertaining to registering a Construction Lien against a condominium project

After a condominium is registered, it is a complicated and costly process to register a construction lien for work done on the condominium project. However, the Construction Lien Act now requires that developers and builders...more

Construction Codes: Putting Your Vote Into Action

The upcoming presidential election has dominated the headlines. As a nation, our attention has been focused on the state of current laws, the prospect of future laws, and even the need for certain laws. As an industry,...more

Cautionary Tale For The New Jersey Home Improvement Contractor

Earlier this month, the Appellate Division, in the unpublished decision Chaykowski v. Marut, A-2901-10T2 (N.J. App. Div. September 7, 2012), upheld a substantial judgment entered by a trial court against a landscape...more

The Davis-Bacon Corner

It is well-established that general contractors are responsible for their subcontractors’ compliance with Davis-Bacon. Nevertheless, we frequently encounter situations where the general contractor has failed to comply with...more

Legal Alert: Texas Lien Statute Significantly Alters Subcontract Management Practices for Contracts Executed After January 1, 2012

Recent revisions to the Texas lien laws, Tex. Prop. Code Ann. § 53.001, et seq., mandate the use of statutory lien release forms. Because the statute voids, as a matter of public policy, agreements that “adversely affect”...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

Waiting Period Deleted From Bill Aimed At Predatory ADA Litigation Practices

A requirement to wait 30 days before filing lawsuits for construction-related accessibility claims under the Americans with Disabilities Act has been deleted from the latest version of a bill (SB 1186) winding its way through...more

Special Advisory: New Mechanics Lien Act in California

In 2010, the California Legislature enacted Senate Bill ("SB") 189 to reorganize and simplify the laws governing works of improvement. The bill completely re-writes the statutes which provide for mechanics liens, stop notices...more

Architects & Engineers – Are you committing a Class 2 misdemeanor without realizing it? (Tue Tip; law note)

Buried within the general contractor provisions of the North Carolina General Statutes is a little-known provision that can get architects and engineers in hot water. If you recommend to a project owner anyone who is not...more

Construction to Permanent Loan on the Return: Tips on Due Diligence and Loan Documents (part 1)

Credit seems to be more available for commercial real estate. For example, I know of one commercial real estate lender working on a construction to permanent loan program. This type of lending blends two types of loans: a...more

New Indemnity Law Protects Subcontractors

California Senate Bill 474 prohibits a contract provision requiring a subcontractor to indemnify a general contractor, construction manager, or other subcontractor for claims arising out of their "active negligence." This...more

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