Construction Administrative Agency

Read need-to-know updates, commentary, and analysis on Construction issues written by leading professionals.
News & Analysis as of

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

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

EPA and U.S. Army Corps of Engineers Finalize Rule Expanding Federal Jurisdiction Over Waters and Wetlands - June 2015

On May 27, 2015, the United States Environmental Protection Agency and the United States Army Corps of Engineers released a final rule expanding federal jurisdiction under the Clean Water Act. The rule expands on existing law...more

When Govt. Failure to Issue Final Decision on Certified Claim Is a Deemed Denial

A recent decision from the United States Court of Federal Claims (COFC) sets forth the standard for when the government’s failure to make a decision on a certified claim will be considered a deemed denial. In Rudolph and...more

B.C. Court of Appeal Overturns Restrictive Public Disclosure Standards for Development Projects

The City of Vancouver and Brenhill Developments Ltd. successfully appealed the January 27, 2014, decision of the BC Supreme Court (BCSC) in Community Association of New Yaletown v Vancouver (City), 2015 BCSC 117. The appeal...more

Ballard Spahr provides comments to HUD’s proposed rule on Section 3 regulations

As a follow up to our March 24, 2015 and April 1, 2015 posts, the U.S. Department of Housing and Urban Development (HUD) published a notice updating the interim regulation at 24 CFR Part 135, which provides for compliance...more

Florida drone bill passed into law, more concerns raised about its restrictions

At the end of April, we posted on the passing of S.B. 766 through the Florida State legislature, and now on May 14, 2015, Governor Rick Scott signed into law the Freedom from Unwarranted Surveillance Act, in the State of...more

Bill 42: Towards a central portal in labour and employment

On April 15, 2015, the Minister of Labour, Employment and Social Solidarity tabled Bill 42 in the Québec National Assembly. The Bill is titled, An Act to group the Commission de l'équité salariale, the Commission des normes...more

PHMSA Steps Up Review of Pipeline Construction

Enforcement Focus on 60-Day Notification Requirement - The Pipeline and Hazardous Materials Safety Administration (PHMSA) has stepped up enforcement efforts concerning pipeline and LNG terminal construction....more

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

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

Major Revision to Development of Regional Impact Review Process Passed by 2015 Florida Legislature; Awaits Action By Governor

On April 24, the Florida House of Representatives added its approval to CS/CS Senate Bill 1216, an omnibus growth management bill. Most significantly, for new projects that are not currently exempt, the bill replaces the...more

OSHA Final Rule for Confined Spaces in the Construction Industry

Last week the Occupational Safety and Health Administration announced and issued a 161 page final rule to increase protections for construction workers in confined spaces. 80 Fed. Reg. 25366 (May 4, 2015), which is effective...more

DOL Burdens Davis Bacon Contractors With Employee Lodging Costs

The Department of Labor’s Administrative Review Board (ARB) released its long-awaited opinion in the Weeks Marine case. In that decision, ARB announced a rule that is an important development for federal government...more

OSHA Announces Final Rule for Confined Spaces in Construction

On May 1, 2015, Dr. David Michaels, the head of the Occupational Safety and Health Administration (OSHA), and Deputy Secretary of Labor Christopher P. Lu announced the issuance of OSHA’s long-awaited Confined Spaces in...more

Multi-Agency Investigation Successfully Targets Arizona and Utah Construction Companies’ Misclassification of Employees

Sixteen Arizona and Utah companies accused of misclassifying more than 1,000 construction workers agreed to pay $700,000 in back wages and penalties after a multi-year, multi-agency investigation led to consent judgments,...more

Breach of a Safety 'Golden Rule' Does Not Give Employers an Absolute Unfair Dismissal Defence

A recent Fair Work Commission (FWC) decision reinforces that proving a work health and safety breach will not act as an impenetrable mantra to defend an unfair dismissal claim. Employers must prove they act consistently (and...more

What You Need to Know About Enforcement Actions by the Contractors State License Board

I questioned whether to even write this post. - Because, of course, YOU would never find yourself hightailing it out of town with the California Contractor’s State License Board (“CSLB”) sniffing down your tail pipes....more

Devastating TCPA Fine Levied Against Small Roofing Company

David Randall Associates, Inc. has provided commercial roofing services in eastern Pennsylvania, New Jersey, and mid-state Delaware for the past 25 years. Last Friday, the company was hit with a $22,405,000 TCPA fine in a...more

HUD publishes update to Section 3 regulation in the Federal Register

As an update to our blog of last week, HUD published a new notice that updates the interim regulation at 24 CFR Part 135, which provides for compliance with Section 3 of the Housing and Urban Development Act of 1968 (Section...more

Energy and Infrastructure Companies Aren’t Waiting for the FAA’s New Drone Rules

With a little over one month to go in the comment period on the FAA’s proposed rules for the Operation and Certification of Small Unmanned Aircraft Systems, and facing the prospect of at least another year before those rules...more

What’s a Significant Nexus? The Answer, My Friend, Is Flowin’ Through the Ditch.

Even assuming that the “significant nexus” test from Justice Kennedy’s concurring opinion in Rapanos defines waters of the United States subject to Clean Water Act jurisdiction, the question remains what establishes a...more

HUD Clarifies How Davis-Bacon Applies to Project-Based Voucher and RAD Programs

The U.S. Department of Housing and Urban Development (HUD) recently published a new notice pertaining to the applicability of Davis-Bacon labor requirements to housing considered to be “existing” housing under the...more

OSHA’s Recordkeeping Rules Now Apply to Real Estate Industry Sectors

For the past 40 years, OSHA has required the majority of employers with ten (10) or more employees to maintain records of workplace illness, injury, or death. Those same employers are also required to post the annual summary...more

Does the 72-Hour Rule Allow a Contractor in Maryland to Fix a Mistake in its MBE Participation Schedule After Bid Opening?

A recent Maryland Board of Public Works meeting addressed whether the state has flexibility in applying minority business enterprise (MBE) regulatory requirements in State contracts....more

Employer on OSHA Severe Violator List Fined $1.76 Million Over Widespread Employee Injuries

The Occupational Safety and Health Administration maintains a Severe Violator Enforcement Program (SVEP) that concentrates inspection and enforcement resources on employers alleged to have committed repeated or willful...more

Failure to Describe Project Changes Results in 180-Day Statute of Limitations for CEQA Challenge (Ventura Foothills Neighbors v....

Why it matters: When a project’s subsequent CEQA documents fail to clearly provide public notice of material changes to a project, CEQA’s short statutes of limitation may not apply....more

437 Results
|
View per page
Page: of 18

Follow Construction Updates on:

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×