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General Business Construction Administrative Agency

Read need-to-know updates, commentary, and analysis on General Business issues written by leading professionals.

Homebuilder Guaranty Fund Claims, an Informal Way for Home Purchasers to File Claims Against Homebuilders

by Pessin Katz Law, P.A. on

If someone who purchases a home believes their home was improperly constructed, they may file a claim against the Homebuilder Guarantee Fund to recover any monetary losses they suffer. In order to recover from the...more

New Rebar Anti Dumping Investigation May Carry Major Implications for Canada’s Construction Industry

by Dickinson Wright on

On August 19, 2016, the Canada Border Services Agency (“CBSA”) initiated an anti-dumping investigation into concrete reinforcing bar (also known as rebar) imported from Belarus, Chinese Taipei, Hong Kong, Japan, Portugal and...more

Transmission Planning and Construction Right of First Refusal Ruled Unduly Discriminatory, Not Mobile-Sierra Protected

by McDermott Will & Emery on

The provision contained in incumbent electric utility tariffs—conferring on the holder the right of first refusal (ROFR) to construct additions to the high-voltage electrical grid, regardless of who conceived of and proposed...more

The Rise, and Risk, of Construction Drones

by Baker Donelson on

Drone usage on construction projects is ready to take off. With recent enhancements in performance and capability, it will soon be hard to imagine a large construction project without drones playing some role. Consider this...more

How the FAA’s Announcement Regarding Drone Registration May Affect Drone Use in Construction

by Snell & Wilmer on

Use of unmanned aerial vehicles (UAV) and unmanned aircraft systems (UAS) (aka drones) in construction is rapidly increasing and expanding. Drones have been and can be used for a variety of functions, such as imaging (i.e.,...more

DOJ–Louis Berger, Two Executives Resolve FCPA Charges

by Dorsey & Whitney LLP on

The DOJ resolved another FCPA action with the company entering into a deferred prosecution agreement, paying a criminal fine and agreeing to the imposition of a monitor after self reporting and cooperating. Two of the firm’s...more

When the Federal Govt acts badly, but not badly enough to show bad faith – what’s a contractor to do?

by Williams Mullen on

In the prior issue of this newsletter, we included an article on the high standard of proof and the practical considerations for a federal government contractor claiming that the federal government acted in bad faith in its...more

U.S. District Court in Pennsylvania Holds Subcontractor’s Miller Act Suit Not Subject to Stay Pending Prime Contractor’s...

by Pepper Hamilton LLP on

Marenalley Constr., LLC v. Zurich American Ins. Co. and Nason Constr. Inc., 2015 U.S. Dist. LEXIS 30968 (E.D. Pa. March 13, 2015) - This payment dispute case arises out of a Veterans Affairs (“VA”) construction project...more

Effective Use of CPM Scheduling

by Snell & Wilmer on

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

by Miller Starr Regalia on

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

by Ballard Spahr LLP on

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

by Snell & Wilmer on

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?

by Allen Matkins on

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

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

by Allen Matkins on

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...

by Sherman & Howard L.L.C. on

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

Cautionary Tale For The New Jersey Home Improvement Contractor

by Cole Schotz on

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

by Snell & Wilmer on

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

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

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