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Legislative Update Report No. 2013-09 -- May 10, 2013

In This Article: Federal Government; Alberta; British Columbia; Manitoba; New Brunswick; Newfoundland; Northwest Territories; Nova Scotia; Nunavut; Ontario; Prince Edward Island; Québec/Quebec; Saskatchewan; and...more

OSHA Wins: Zone of Danger Creates Employer Liability

On a construction site, isn’t it enough to protect employees from existing hazards? And what does it matter if no one actually got hurt? The Sixth Circuit recently answered these questions: “No it’s not enough,” and...more

CONTRACTOR ADVERTISING: INCLUDE YOUR LICENSE ON ALL SOCIAL MEDIA OUTLETS AND WEBSITES

By Christopher M. Cobb With the construction industry working again, construction companies are continuing to look for alternative and non-conventional methods of advertising their services in order to secure projects. ...more

Are The Illinois Labor Department's Administrative Fines Unconstitutional?

Yesterday, the Illinois Supreme Court granted leave to appeal in four new civil cases. We begin our previews of these newest additions to the court’s docket with Bartlow v. Costigan, which raises a variety of constitutional...more

BuildSouth: Considering Construction Delivery Methods On Public Works

Originally Published In BUILDSouth, Winter 2013. Historically, in Alabama, the project delivery methods available for owners to de-sign and construct private projects have differed from those delivery methods available...more

DPOR Must Consider Full Record When Considering Homeowner Claim

A discussion of the proper interpretation of the Virginia DPOR contractor recovery fund requirements at Construction Law Musings...more

HB16 Would Make Significant Changes to Economic Development in Alabama

Representative Patricia Todd (D-Birmingham) has introduced HB16, the Alabama Economic Development and Fiscal Accountability Act, for the upcoming legislative session that would make substantial changes to economic development...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

EPA Formally Withdraws Numeric Turbidity Standards from Its Stormwater Rule for Construction and Development Sites

Daily Environment Report announced yesterday that EPA notified BNA that, late last year, EPA reached a settlement with the Utility Water Act Group and the National Association of Home Builders resolving litigation over EPA’s...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

Key Energy Tax Provisions Included in ‘Fiscal Cliff’ Legislation

On January 1, 2013, Congress passed the American Taxpayer Relief Act of 2012 to address the tax rate hikes and expiring tax incentives to avert the “fiscal cliff.” President Obama signed the legislation into law on January...more

Agenda Setting - Olympia’s new faces must address transportation infrastructure funding

January brings many new faces to Olympia. A new governor and an unusually large number of new members in the State House of Representatives and State Senate who have both volunteered and been elected to assume the mantle of...more

District Council 50 of the Intn'l Union of Painters & Allied Trades v. Lopez

General Contractors Association of Hawaii's Amicus Curiae Brief in Support of Respondent/Defendant-Appellee

This case involves contractors' licensing and whether the holder of a specialty renovation license is entitled to do certain specialty renovation work as "incidental and supplemental" to that license. The Hawaii Intermediate...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

EPA Tightens Air Quality Standards for Fine Particles

Revised ambient air quality standard could require more stringent control of fine particulate matter emissions. On December 14, the U.S. Environmental Protection Agency (EPA) finalized its rule tightening the National...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

Maine Voices: Bad roads will lead Maine nowhere - We can wait for a disaster like Sandy to force us to improve our infrastructure,...

Originally published in the Portland Press Herald on 12/23/12. Superstorm Sandy wasn't a direct hit to Maine, but areas of New Jersey and New York were devastated. This recent natural disaster is one reason that the new...more

Patton Boggs Insights - December 2012: Agencies: Fatalities, Injuries Decline In 2011

A total of 4,609 workers died on the job nationwide in 2011 compared to 4,690 in 2010, according to preliminary data released recently by the Bureau of Labor Statistics. The equivalent rates were 3.5 and 3.6 per 100,000...more

Don't Get Fried by Davis-Bacon

Web sites abound advising employees they can make “millions” by blowing the whistle on their employers for alleged violations of laws, rules, or regulations. The federal law known as the False Claims Act (FCA) also contains...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

OSHA Update - "Construction" or "Maintenance" What OSHA Standards Apply?

In most cases, deciding what OSHA standard applies to the work in question is straight forward. When it comes to deciding whether certain work is "construction," subject to OSHA's Construction Standards, or "maintenance,"...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

Resilient Masonry Buildings — Saving Lives, Livelihoods and the Livability of Oregon’s Historic Downtowns

Originally published in the Historic Preservation League of Oregon (“HPLO”) Special Report on October 25, 2012. The Purpose of the Preservation Roundtable; Why This Matters; Executive Summary; Background & Definition of...more

Construction Contract Clear: Government was Owner but not Constructor

Where a 143-page contract made clear that a contractor was the “constructor” under health and safety legislation, the Yukon government, as owner of the project, was not the constructor, the Supreme Court of Yukon has...more

Recent Cases Under the Federal False Claims Act

Two federal circuit courts have recently issued major decisions involving the False Claims Act ("FCA") that promise to have a major impact on future litigation. In a case from the Sixth Circuit, the appeals court constricted...more