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On December 12, 2014, the Surface Transportation Board (STB) issued a decision, in response to a petition filed by the California High-Speed Rail Authority (Authority), finding that the Interstate Commerce Commission...more
The Supreme Court of Hawai’i concluded last week that it is fundamentally unfair to allow one party to an arbitration agreement to unilaterally select the arbitral forum. Nishimura v. Gentry Homes, Ltd., __ P.3d__, 2014 WL...more
James Andrew, Assistant Chief Counsel for the California High-Speed Rail Authority (“CHSRA”), spoke Tuesday, October 14, at the Sacramento County Bar Association, Environmental Law Section Luncheon. He stated that High-Speed...more
Much of land use law involves questions over the breadth of local government powers.
Today, we're looking at a spat between two units of local government: a municipality and a school board. The decision in Gurba v....more
FLORIDA STATE CASES -
Forum selection clause in construction contract will not be enforced where third party defendant would be forced to testify in two venues. Forum selection clauses in contracts are generally...more
In a recent decision, the federal appellate court encompassing nine western states and two Pacific island jurisdictions held that a California law restricting the right of non-licensed contractors to recover for unpaid...more
This action arose out of the construction of the Mohegan Sun Hotel in Luzerene County, Pennsylvania. General contractor Killian Construction Co., Inc. (“Killian”) retained KNL Construction, Inc. (“KNL”) as a subcontractor to...more
In a recent decision, the 9th U.S. Circuit Court of Appeals held, for the first time, that California’s contractor licensing requirement cannot be used to bar a federal subcontractor from pursuing a claim under the Miller...more
Since I work with a number of construction contractors, I always get the question of whether the state law chosen to govern the contract has material impact on the contract and/or whether it could be determined which state...more
The Utah Supreme Court recently held in Hughes General Contractors, Inc. v. Utah Labor Comm’n that the multi-employer worksite doctrine, which makes a general contractor responsible for the safety of all workers at a...more
Congress passed the Federal Arbitration Act (FAA) in 1925 to place arbitration agreements on the same footing as other contracts.1 Under the FAA, an arbitration provision “shall be valid, irrevocable, and enforceable, save...more
SB 7 Could Face Legal Challenges -
A charter city’s right in California to exempt itself from the payment of state prevailing wages on locally funded public works projects was placed at risk by the passage of Senate...more
The ability of the states to impose a tax upon transactions occurring on an Indian reservation has evolved substantially in the past 50 years. After numerous court decisions, the Indian preemption...more
On July 11, 2013, in Latinos Unidos del Valle de Napa y Solano v. County of Napa (A135094), the First District reversed and remanded a trial court's decision that Napa County's restrictive density bonus ordinance did not...more
A recent decision by a Pennsylvania district court lends support for a growing trend of filing claims under the Federal False Claims Act based on allegations that contractors on federally funded construction projects...more
Last week the Second Circuit issued an opinion reaffirming that the Davis-Bacon Act preempts state law claims by workers to enforce prevailing wage rates as third-party beneficiaries to a contract....more
One-sided arbitration clauses don't survive judicial scrutiny in Maryland's state and federal courts. Maryland contract law will not enforce an arbitration clause lacking mutuality of consideration....more
On August 8th, the California Supreme Court granted review of the Second District Court of Appeal’s decision in Neighbors for Smart Rail v. Exposition Metro Line Construction Authority. As previously blogged in April, the...more
Charter cities are not required to comply with California’s prevailing wage law with respect to construction contracts for public buildings, according to a July 2, 2012, California Supreme Court decision. The underlying facts...more
Sowohl die Handelstätigkeit, als auch das Handwerk sind in Belgien ausführlich gesetzlich geregelt.
Dabei unterscheidet sich das Handwerk von der Handelstätigkeit insofern, als durch das Handwerk vornehmlich...more
The U.S. Supreme Court's recent decision in AT&T Mobility LLC v. Concepcion, 563 U.S. ___, 131 S.Ct. 1740 (2011) (Concepcion) has engendered considerable controversy for upholding arbitration provisions in consumer contracts...more
Most industry standard forms of agreement that address arbitration seem to be limited to providing the most basic submission agreement. Pre-dispute attention to the arbitration provisions of contracts can help avoid...more
For more than 20 years, there has been a split of authority over the applicable statute of limitations for a breach of contract action arising from faulty construction work that did not result in “injury to property” or...more
National Association of Home Builders v. San Joaquin Valley Unified Air Pollution Control District, No. 08-17309, (9th Cir., December 7, 2010)
In NAHB v. San Joaquin Valley UAPCD, the United States Court of Appeal for the...more
"Pay if paid" clauses are typical in many construction contracts around the country. But in New York, the "pay if paid" clause has been deemed to be against public policy and is unenforceable....more
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