Contractors

News & Analysis as of

Cal CSLB Registrar of Contractors and Chief Deputy Registrar Announce Pending Retirement

On November 29, the California Contractors State License Board (CSLB) issued an Industry Bulletin via email announcing that Cindi A. Christenson, the CSLB’s current Registrar of Contractors, will be retiring effective May 1,...more

Operator – Don’t Get Burned by Paying an Insolvent Contractor

Just received notice of a Texas subcontractor’s mineral lien? DO NOT continue to pay the contractor. He hasn’t paid the subcontractor. Think you owe nothing on the well on which the lien will be filed? Think what you owe the...more

Construction Industry Scheme - taxing our landlords and tenants

The Construction Industry Scheme (‘CIS’) requires contractors to withhold tax from payments to subcontractors in relation to certain construction work. It is easy to assume that CIS only applies to mainstream contractors, but...more

Connecticut Finally Adopts New Building Code Effective October 1, 2016

After a public comment period ending this past August, the Connecticut Codes and Standards Committee voted to accept the proposed 2016 State Building Code and 2016 State Fire Safety Code. The new code replaces the 2005 State...more

Portion of Fair Pay and Safe Workplaces Executive Order Blocked

On Tuesday of this week, a federal judge in Texas granted a nationwide preliminary injunction blocking the portions of President Obama's "Fair Pay and Safe Workplaces" Executive Order. That order, signed in 2014 and...more

When do you require a specialist builder’s licence for structural steelwork? - A case study of Nam Hong Construction & Engineering...

In Nam Hong Construction & Engineering Pte Ltd v Kori Construction (S) Pte Ltd [2016] SGCA 42, the Court of Appeal (CA) firstly, affirmed the High Court decision that a disjunctive interpretation of the term “structural...more

Department Of Defense Issues Final Cyber Incident Reporting Rule

On October 4, 2016, the Department of Defense (“DoD”) published a final rule implementing mandatory cyber incident reporting requirements for DoD contractors and subcontractors. The rule, which is effective as of November 3,...more

Identifying and Mitigating Organizational Conflicts of Interest in Government Contracts Mergers and Acquisitions

An organizational conflict of interest (OCI) arises when the performance of one contract undermines a contractor’s objectivity or creates an unfair competitive advantage with respect to another contract. An agency cannot...more

California Debt Limit Allocation Committee Releases Proposed Regulations

This client alert discusses some of the more significant changes that could affect issuers and borrowers in connection with awards of volume cap if the proposed regulations were adopted in their current form. The...more

Nevada Supreme Court Ruling Means Additional Liability for Owners, Contractors and Subcontractors

In a decision that will affect owners, contractors and subcontractors, the Nevada Supreme Court, in Cashman Equip. Co. v. W. Edna Assoc., Ltd, recently held that an unconditional release is void if the check does not clear...more

Washington State Ruling Heightens Liability Risk for Design Professionals

Recently, the Washington Court of Appeals potentially expanded the scope of tort duties owed by design professionals. In a May decision, the court held that an engineer’s duty of care to developers and property owners...more

The Tenant Improvement Allowance: Identifying and Circumventing Common Pitfalls

Shopping Center Law & Strategy - The tenant improvement allowance is a critical component of the economic calculations inherent in a commercial lease transaction. The basic concept is as follows: upon the negotiation of...more

Appellate Court Notes

Supreme Court Advance Release Opinions: SC19586 - Harrington v. Freedom of Information Commission - The Court started off by saying..... We have not previously had occasion to squarely address..... [this]...more

Court of Appeal Finally Weighs in on “The Reptile:” Object and Protect

In Regalado v. Callaghan, No. INC1203669, a California Court of Appeal (Fourth Appellate District, Division One), for the first time in a published opinion, recently addressed the “Reptile Theory” which has been a hot topic...more

Five Key Considerations for Drafting Warranty Terms in Engineering, Procurement and Construction (EPC) Agreements in Alternative...

Owners and contractors frequently negotiate the warranty terms in their engineering, procurement, and construction (EPC) agreements for alternative energy projects. This article highlights five key issues that parties should...more

State of Alaska Tightens Its Claim Provisions

In 2015, the Alaska Department of Transportation and Public Facilities significantly amended the claims provision of its Standard Specifications—105-1.17. The amendments incorporate language from the standard conditions...more

Don’t Sleep on Your NJ Construction Lien Enforcement Deadline

So you’ve managed to successfully file a construction lien claim in New Jersey. Well, don’t then kick back and relax for too long, because if you fail to take action to enforce that lien claim within the limited time...more

California Legislative Update - New Laws Affecting Builders and Contractors

August marks the return to school and bill signing season for California Governor Jerry Brown. In the past month – and like he does every August and September – Governor Brown signed well over one hundred pieces of...more

Under Construction - September 2016

Letter from the Editor - Welcome to the Fall 2016 edition of our Under Construction newsletter. We hope your summer has left you relaxed and refreshed to successfully finish out the remainder of the year. Most...more

AB 1793 Amends Requirements for Contractors to Establish Substantial Compliance With State Contractor Licensing Requirements

On August 30, 2016, Governor Brown signed into law AB 1793, which amends the requirements under Business & Professions Code § 7031 for a contractor to establish “substantial compliance” with state contractor licensing...more

Down Payments Issued Without a Sworn Statement May Result in Owners and Lenders Paying More than Their Contract Price

In the construction industry, owners and lenders often issue "down payments" to contractors prior to the commencement of work on a project. This practice commonly occurs on residential construction and small commercial...more

Alberta Judge Upholds No-Fault Provisions of CAODC Master Daywork Contract

The Alberta Court of Queen’s Bench recently upheld the no-fault provisions of the standard form, Canadian Association of Drilling Contractors (CAODC) Master Daywork Contract (MDC) in Precision Drilling Canada Limited...more

Construction and Infrastructure Update, August 2016

Is it the Dawning of the Age of Strict Products Liability for California Contractors? Strict liability products liability - whereby manufacturers and distributors of a defective product can be found liable to a consumer...more

The Public-Private Partnership as a New Tool for Infrastructure Development in Argentina

The Federal Executive Branch (known by the Spanish acronym, PEN) of the Argentine government recently submitted to the Argentine Congress a bill seeking approval of a new Public-Private Partnership (PPP) framework. This...more

DOE Clarifies Whistleblower Protections in Proposed Rule Revision

Department of Energy contractors and subcontractors may be subject to additional civil penalties. The US Department of Energy (DOE) recently published proposed revisions to its procedural rules for nuclear activities in...more

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