News & Analysis as of

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

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

California Law Restricting Non-Licensed Contractors’ Right to Recover for Unpaid Services Does Not Apply to Miller Act Claims

In a recent decision, the federal appellate court encompassing nine western states and two Pacific island jurisdictions held that a California law restricting the right of non-licensed contractors to recover for unpaid...more

DIR Launches New Mandatory Registration Program for Public Works Projects

The California Department of Industrial Relations (“DIR”) has announced the launch of a new registration program for public works projects authorized by Senate Bill 854, which was signed into law on June 20, 2014, and became...more

Environmental Considerations For School Construction

School construction projects present special challenges and must be carefully managed to ensure that environmental issues are safely and well-handled and the health and safety of the school population is protected. New...more

Federal Miller Act Rights Trump State Statute Precluding Claims by Non-Licensed Contractors

In a recent decision, the 9th U.S. Circuit Court of Appeals held, for the first time, that California’s contractor licensing requirement cannot be used to bar a federal subcontractor from pursuing a claim under the Miller...more

Pennsylvania Expands Whistleblower Law to Cover Some Private Employers, Nonprofits

Pennsylvania Governor Tom Corbett gave final approval to two bills that drastically expand the scope and enforcement provisions of the Pennsylvania Whistleblower Law. Under the amendments, which take effect on August 31,...more

California Court of Appeal Allows Taxpayer Lawsuit Against Contractors on Public Works Projects

Public works contractors: Beware of accusations of corruption. In Gilbane Building Company v. Superior Court, 223 Cal.App.4th 1527 (2014), an appellate court cleared the way for taxpayers to sue contractors for engaging in...more

Unpaid Prevailing Wage Assessments and Actions: Ways a General Contractor (and Its Surety) Can Protect Itself or Limit Its...

General contractors and their sureties on public works construction projects in California have faced an onslaught of claims, assessments, and lawsuits based on the failure of subcontractors, regardless of tier, to pay their...more

Alabama Adopts PLA Reform

On March 3, 2014, Alabama Governor Robert Bentley signed into law House Bill 195, the “Fair and Open Competition in Governmental Construction Act.” Under the Act, public agencies awarding any contract for the construction,...more

Men at Work: California Public Works Projects and Prevailing Wage Laws

California’s prevailing wage law, set forth in the California Labor Code, provides that each worker employed by contractors or subcontractors on a public works project must be paid not less than the general prevailing wage...more

Out of State . . . Out of Mind?: Ensuring that Local and Out-of-State Construction Companies Play by the Same Rules

The construction industry is all too familiar with its perception as a means by which individual and corporate citizens alike may experience economic opportunity. Whether at the federal, state or municipal level, set-aside...more

New California Statutes Potentially Increase Contractors’ and Subcontractors’ Liability Exposure Under the Prevailing Wage Law

California has enacted several statues, effective January 1, 2014, which will likely increase contractors’ and subcontractors’ exposure to claims for prevailing wage violations on public works projects. Under the Prevailing...more

If it Walks Like a Duck and Talks Like a Duck . . . It May Just be a Goose

If you’re involved in public works projects you know that direct contractors are required to furnish payment bonds on public works projects exceeding $25,000. Specifically, Civil Code section 9550 provides that “[a] direct...more

California Counties Now Less At Risk On Public Works Construction

Governor Jerry Brown signed into law Senate Bill 328, which permits counties to enter Construction Manager At Risk (CM@R) agreements for construction of projects over $1 million. Counties now join the University of...more

Arizona Legislature Adds New Limits On Indemnification In Public Construction Contracts

For many years, the Arizona Little Miller Act and the Arizona Procurement Code (A.R.S. § 34–226 and A.R.S. § 41-2586, respectively) prohibited a party from being indemnified, held harmless or defended to the extent of its own...more

Burr Alert: 2013 Alabama Sales And Use Tax Legislation

On May 9, 2013, Alabama Governor Robert Bentley signed into law House Bill 419, which relates to construction projects for governmental entities who are exempt from sales and use taxes. HB419 permits the Alabama...more

Government Contractor Exemption Bill Passes House

On April 9, the House of Representatives passed HB 419 on a vote of 89-6. The bill, sponsored by Representative Paul DeMarco (R-Homewood) among others and championed by the Alabama Chapter of the Associated Builders &...more

Public Works Employment Verification Act Impacts Certain Projects Awarded by State and Local Governments in 2013

Pennsylvania's General Assembly recently enacted the Public Works Employment Verification Act (the "Act" or "Verification Act") (43 P.S. §§ 167.1 et seq.), aimed at ensuring that contractors and subcontractors on public works...more

Florida Department of Transportation Sets Date for I-4 Industry Forum

The Florida Department of Transportation has scheduled an industry forum for the I-4 Ultimate Project. The forum will be held on March 4, 2013 to introduce this $2 billion+ Orlando-area project. The project will add two...more

Louisiana First Hiring Act

On May 31, 2012, Governor Bobby Jindal signed into law a bill targeted at strengthening the coastal economy by promoting the hiring of residents of Louisiana’s coastal parishes for public works projects for coastal...more

22 Results
|
View per page
Page: of 1