Construction Law, Civil Remedies, Labor & Employment Law

Federal Construction Contractors Beware: OFCCP Wants You!

by Scott Kelly | Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/13/2013

Even though the Office of Contract Compliance Programs (OFCCP) has not yet promulgated its promised revised construction contractor regulations, the agency sent the construction contracting community a clear enforcement...more

Illinois Construction Site Accident Yields Unprecedented Award

by Hoffman DiMuzio on 5/9/2013

Ronald Bayer fell off an iron beam while working on the construction site of an Illinois warehouse in 2007 and landed head first on the concrete 20 feet below. He sustained severe injuries: paralysis from the chest down and...more

Alabama Construction Worker Awarded $1.7 million For Injuries

by Johnston, Moore & Thompson, Huntsville... on 4/10/2013

While workers' compensation benefits will work to cover the medical expenses and lost wages that an Alabama worker encounters following a workplace accident or injury, this is not the only source of compensation available in...more

Patton Boggs Insights - December 2012: Litigation/Courts: Construction Worker Awarded $2 Million After Accident

by Patton Boggs LLP on 1/23/2013

An employee of a roofing firm was awarded just over $2 million as a result of a scaffolding collapse at a construction site in New York that reportedly left him with traumatic brain injuries. ...more

2012: Arizona Construction Law Summary

by Snell & Wilmer L.L.P. on 9/17/2012

This year has been a busy one so far for legal developments affecting the Arizona construction industry. Here is a brief summary of court cases and legislation of interest....more

11TH Circuit Upholds $1.7 Million Jury Verdict Against Carpenters Union for Illegal Secondary Boycott Campaign Against Non-Union...

by Miller & Martin PLLC on 4/2/2012

The Southeastern Carpenters Regional Council mounted a campaign against Fidelity Interior in Atlanta, GA. The union sent letters to owners and general contractors warning them of adverse consequences if they used Fidelity, a...more

Top 3 Take-Away Lessons for Engineers from the Sewage case (law note)

by Melissa Dewey Brumback on 1/6/2012

As we discussed yesterday, CH2M was held liable in negligence for the accidental death and other injuries sustained by workers at the Spokane wastewater treatment facility. Today, a few take-away lessons for design...more

Engineer: Immune or not in Sewer collapse? (Part 2) (law note)

by Melissa Dewey Brumback on 1/5/2012

When last we left off, the causes of the Spokane wastewater treatment disaster were revealed to be a combination of three things: 1) a blocked overflow pipe; 2) a malfunctioning monitoring system inside the digester; and 3) a...more

Is an Engineer ever immune from lawsuit? (Law note)

by Melissa Dewey Brumback on 1/4/2012

Can an Engineering firm be held liable in negligence despite provisions in a state law which allegedly gives design professionals immunity? That was the issue confronted recently by the Supreme Court in the state of...more

Beware Interim Lien Waivers!

by Nexsen Pruet, PLLC on 8/2/2011

The North Carolina Court of Appeals recently restored order to the use of interim lien waivers in North Carolina. The Court of Appeals issued its opinion in Wachovia Bank N.A. v. Superior Constr. Corp., COA10-1158, on July...more

Under Construction - June 2011

by Snell & Wilmer L.L.P. on 6/30/2011

In This Issue: - A Letter From the Editor - The Federal Prompt Payment Act Provides Interest Penalties for Agencies and Contractors - Arizona’s Prompt Payment Law - California Prompt Payment Requirements -...more

Pennsylvania Court Digs New Ground for Excavator's Lien Claim: Firmer Foundation or Deeper Hole?

by Duane Morris LLP on 6/17/2011

Particularly with the recent amendments to the Pennsylvania Mechanics' Lien Law of 1963 (49 P.S. § 1101–1902, the "Lien Law"), any appellate decision construing the meaning of the Lien Law and its original and amended...more

Weekly Law Resume - April 14, 2011: Torts - Independent Contractor Cannot Use Cal-OSHA Regulations To Establish Negligence Per Se

by Low, Ball & Lynch on 4/14/2011

Kurt Iversen v. California Village Homeowners Association Court of Appeal, Second District (March 23, 2011) Under the negligence per se rule, a presumption of negligence arises from a defendant's violation of a statute...more

Weekly Law Resume - April 7, 2011: Hirer May Be Held Directly Liable For Independent Contractor's Injury Where Hirer Retained...

by Low, Ball & Lynch on 4/7/2011

Jeffrey Tverberg v. Fillner Construction, Inc. Court of Appeal, First Appellate District, Division Four (March 25, 2011) In this case, the trial court granted summary judgment to Fillner Construction, Inc. ("Fillner")...more

22-Year-Old Lumber Worker Killed in Vance Construction Accident

by Johnston, Moore & Thompson, Huntsville... on 1/4/2011

A tragedy occurred December 31 in the town of Vance, just outside Tuscaloosa. A 22-year-old lumber yard worker will not see the new year because he was struck by a log that fell from a machine used in the processing of logs...more

Torts - Peculiar Risk Doctrine Does Not Apply To Injured Independent Contractor

by Low, Ball & Lynch on 7/8/2010

In Privette v. Superior Court (1993) 5 Cal 4th 689, the California Supreme Court held that the hirer of a contractor cannot be vicariously liable for on the job injuries sustained by a contractor's employee resulting from a...more

Pay When Paid Clauses - Sword & Shield

by Dinsmore & Shohl LLP on 3/1/2010

"Pay When Paid" clauses in construction contracts are used as both a sword and a shield. If a general contractor fails to pay a subcontractor after it gets paid, the general contractor can be liable for interest and...more

Courts Uphold Disgorgement Penalty For Unlicensed Contractors

by Sheppard Mullin Richter & Hampton LLP on 9/2/2009

As most construction professionals know, California law requires that any person engaged in the business of a contractor, or that acts in the capacity of a contractor, must be properly licensed by the Contractors State...more

Full Disclosure - California's Newly Expanded Premises and Independent Contractor Liability Case Law is Now More Aligned With...

by Miller Starr Regalia on 1/15/2007

The California Supreme Court has recently raised the risk of liability for developers and builders constructing projects on their own real property for injuries suffered by independent contractors based on a failure by the...more

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Construction Law › Civil Remedies › Labor & Employment Law