Contractors

News & Analysis as of

Pennsylvania Supreme Court Holds Contractor May Recover in Quantum Meruit Where Home Improvement Contract Does Not Satisfy...

Homeowners Raymond and Donna Mantia contracted Shafer Electric & Construction (“Shafer”) to build a two-car garage addition onto their house. Shafer’s proposal was extremely detailed as to the work to be completed. Despite...more

Colorado Construction Monitor - Summer 2014

In this Issue: - Denver’s construction activity approaching historic peak of 2007 - Market Update - Condominium Construction Defects Legislation Introduced - Whether for Cause or Convenience,...more

OFCCP’s Newest Directive: Gender Identity and Sex Discrimination

The stated purpose of the Office of Federal Contract Compliance Programs’ (OFCCP) August 19, 2014 Directive 2014-02 is to make clear that discrimination “based on sex” includes discrimination on the bases of gender identity...more

"Construction Alert" Texas Supreme Court Confirms Owners May Bring Negligence Claim Directly Against Subcontractors

Several cases have held that a homeowner cannot sue a subcontractor for defective work because the homeowner’s contract is with the general contractor and not the subcontractor. Those cases left it to the general contractor...more

Texas Supreme Court Opinions and Orders (8/14 - Part 2)

In its weekly orders on Friday, August 22, 2014, the Supreme Court was busy. The Court issued 7 opinions, granted 4 petitions for review, and set 4 mandamus petitions for argument. Scott Stolley summarized 3 of the opinions,...more

The Construction Advantage – Issue 8

In our eighth issue of The Construction Advantage, we provide you with three new cases, with two of them coming from the Maine courts. We hope that this newsletter has been helpful and informative to you so far in 2014....more

Back to School OMA/FOIA Update: Public Access Counselor (PAC) Decisions this Summer

The summer is nearly behind us, and it has been a busy summer for the Public Access Counselor (PAC) office of the Illinois Attorney General, which issued five binding decisions since May on Open Meetings Act (OMA) and Freedom...more

Being a Contractor Just Got a Whole Lot Scarier

If you’re fortunate enough to live and work in California you have a lot to be thankful for. Temperate weather, beautiful beaches, rugged mountains and an array of attractions whether you’re an urbanite, outdoorsman or thrill...more

Third Commandment of Government Contractors: Thou shalt start as low as possible

If all we knew about Washington was based on the dramas we watch on television or the stories reported in the media, it would be easy to conclude that everything that gets accomplished is based on who people know. Make no...more

New retainage law goes into effect November 6

Massachusetts enacted a new retainage law that will require owners, prime contractors and subcontractors to pay retainage according to the law’s terms on a construction contract if... ...more

Brirek Industries Pty Ltd v McKenzie Group Consulting (Vic) Pty Ltd – more claims against building practitioners?

On 6 August 2014, the Victorian Court of Appeal handed its decision in Brirek Industries Pty Ltd v McKenzie Group Consulting (Vic) Pty Ltd [2014] VSCA 165. The decision clarified the operation of limitation periods in...more

You’re NOT Paranoid – the Agencies ARE Ganging Up

Feeling a bit paranoid these days, especially where government oversight or agency investigations are involved? Your perception of reality is probably being driven less by paranoia and more by the upticks in government...more

Federal District Court in New Jersey Holds that Economic Loss Rule Does Not Bar Contractor’s Tort Claims Against Architect Where...

The University of Medicine and Dentistry of New Jersey contracted HDR Architects and Engineers, P.C. (“HDR”) to design a medical school building. After the project went to bid, the Bedwell Company (“Bedwell”) contracted with...more

GAO Concludes CMS Should Increase Oversight of Post-Payment Claims Review Process

The Government Accountability Office (GAO) has released the findings of its study of the steps taken by CMS to prevent Medicare contractors from conducting certain duplicative post-payment claims reviews. Based on its audit,...more

California Public Works Contractors Must Register With State by March 2015

The California Legislature imposed a new registration requirement for contractors and subcontractors involved in public works projects. Senate Bill 854, passed in June, created a registration program, which went into effect...more

Construction Law Alert: “P3” is Way More than a New Buzzword - North Carolina's Approval of Public-Private Partnerships and...

August 23rd marks the one-year anniversary of House Bill 857 (“HB 857”) becoming law in North Carolina. Through the enactment of HB 857, the Tar Heel state opened its doors to what is commonly referred to across the country...more

Second Commandment of Government Contractors: Thou shalt study thy adversary

The movie “Patton” contains many memorable scenes, but one that will always stay etched in my memory is where the great German field marshal Erwin Rommel, the Desert Fox, begins his retreat after being beaten by Patton at El...more

OFCCP Issues Notice That Revises Pay Reporting Requirements for Federal Contractors

As part of President Obama's initiative to improve the working life of American families, the Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) has issued a Notice of Proposed Rulemaking that...more

DOL Issues Notice of Proposed Rulemaking Requiring Equal Pay Report

The U.S. Department of Labor (DOL) recently issued a Notice of Proposed Rulemaking to amend the regulations implementing Executive Order 11246, which addresses affirmative action requirements for federal contractors and...more

Arbitration Panel Misconstrues Contractor Licensing Law: Court Allows Decision to Stand

If you’ve followed Burr’s e-note over the past year or two, then you know that the United States Supreme Court has issued recent opinions on the power of arbitration tribunals to make legal decisions. Even if a review of the...more

Talk is Cheap – Promises to Pay Are a Poor Substitute for Adherence to Contractual Notice Provisions

A recent Wyoming case – JEM Contracting, Inc. v. Morrison – Maierle, Inc. – serves as a reminder to contractors and subcontractors of the importance of following the contractual requirements for notice when differing site...more

The Unrecognized Sole-Source Requirement: A Lesson in Failing to Understand the Specifications

In the recent decision of CMEC/ARC Electric JV v. Dep’t of Veterans Affairs, the Civilian Board of Contract Appeals (CBCA) denied a contractor’s claims for defective specifications when the performance specification at issue...more

IRS Issues Additional Guidance with Respect to 2013 Beginning of Construction Rules for Wind and Other Renewable Projects

The Internal Revenue Service (Service) issued Notice 2014-46 (Notice) on August 8, 2014, to provide further guidance on meeting the beginning of construction requirements for wind and other qualified facilities (biomass,...more

New Federal Health Care Facility Regulations Could Mean More Construction Work

On April 16, 2014, the Centers for Medicare & Medicaid Services (CMS), an agency of the U.S. Department of Health and Human Services, published proposed rules that would amend the fire safety standards for hospitals,...more

Amendment to California's Prevailing Wage Laws Requires Construction Contractor Registration

Covered Proposals and Contracts: A new issue facing counsel involved in construction law is the contractor registration requirement (see Stats 2014, ch 28, §§62–63) enacted in June as an amendment to California's prevailing...more

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