Subcontractors Contractors

News & Analysis as of

CSLB Reminds California Public Works Contractors to Renew Their Public Works Registration

A friendly reminder from the Contractors State License Board . . .   CSLB Urges Public Works Contractors to Renew Dept. of Industrial Relations Registration before October 1 to Avoid Hefty Penalty...more

NLRB Ruling Expands Contractors’ Liability for the Actions of Subcontractors

In an August 27, 2015 split decision, the National Labor Relations Board (“NLRB”) announced a new standard for determining when businesses will be considered to be “joint employers,” significantly expanding the scope of joint...more

Unpaid Subcontractors Gain Protection: the Supreme Court of Canada Clarifies the Builders’ Liens Act

An unpaid subcontractor has both a builder’s lien and a trust remedy, the Supreme Court of Canada (SCC) just determined in Stuart Olson Dominion Construction Ltd v Structal Heavy Steel, 2015 SCC 43. In a unanimous decision,...more

Construction Case Law Update - September 15, 2015

Home Sales, Disclosing Defects - Home purchasers appealed summary judgment granted in favor of sellers regarding claims of defects that had a material adverse effect on the property’s value pursuant to Johnson v. Davis, 480...more

California Court of Appeal affirms vitality of California’s Right to Repair Act (SB 800) against construction defect claims

The California Court of Appeal, Fifth District, issued a published opinion last week holding that California’s Right to Repair Act (Act, commonly known in the homebuilding industry as SB 800, applies to all claims by...more

Federal Contractor News Roundup: Paid Sick Leave, Pay Secrecy, Posters, Plus More

This year continues to be an active one for employers who are federal contractors or subcontractors. Most recently, yesterday President Obama continued the trend of using Executive Orders where legislative solutions have...more

Under Construction - September 2015

Welcome to the fall edition of our Under Construction newsletter. The first article in this edition highlights the pros and cons of joint venturing on a construction project, and items to consider in preparing the joint...more

Understanding CIPs, Builder’s Risk, and Inland Marine Insurance Policies

Part of Bradley Arant’s Policyholder Insurance Coverage Team’s six-part Maximize Your Company's Insurance Coverage Webinar Series, the “Understanding CIPs, Builder’s Risk, and Inland Marine Insurance Policies” webinar, led by...more

Construction and Engineering Toolkit: Insuring Existing Buildings in Which and Next to Which Construction Work is to Take Place

This construction guide covers: -JCT contracts in real estate development -Minimum energy standards for letting buildings -Construction work adjacent to existing structures -Insuring the existing...more

The Fourth Appellate District Breaks With Wagner Regarding the Statute of Limitations in Express Indemnity Claims

Valley Crest Landscape Development, Inc. v. Mission Pools of Escondido, Inc. - Court of Appeal, Fourth Appellate District (July 2, 2015) - The Appellate Court reviewed three issues on appeal in this case. First,...more

Performing Work with a Suspended CSLB License Costs Big: Subcontractor Faces $18,000,000 Disgorgement

In what could lead to a draconian result, the Court of Appeal for the First Appellate District held that a contractor who performs work without a valid license can be required to disgorge all payments received, even if the...more

What are the three most important risk-shifting provisions contractors and subcontractors should be concerned about?

“No damages for delay” clauses: “No damages for delay” clauses allocate the risks of project delays and disruptions between the owner and contractor. Oftentimes, these clauses preclude a contractor from recovering...more

Construction Law Advisory - August 2015

Pennsylvania’s Contractor and Subcontractor Payment Act (“CASPA”) is a powerful tool for contractors and subcontractors to ensure that they receive prompt payment for their work and may entitle them to expansive remedies,...more

Pennsylvania’s Contractor and Subcontractor Payment Act Does Not Apply to Public Projects

Pennsylvania’s Contractor and Subcontractor Payment Act (“CASPA”) is a powerful tool for contractors and subcontractors to ensure that they receive prompt payment for their work and may entitle them to expansive remedies,...more

Red Flags for Homebuilders Related to DOL's Latest Guidance on Independent Contractors

On July 15, 2015, the U.S. Department of Labor (DOL) issued an “Administrator’s Interpretation” (AI 2015-1) providing guidance on whether workers are employees or independent contractors under the Fair Labor Standards Act...more

NLRB: When the Law is Not the Law – A Huge Change in Business Relationships

The National Labor Relations Board (NLRB) in a 3-2 decision last Thursday gutted more than 30 years of legal precedent when it changed the joint employer standard in business relationships in a case involving Browning-Ferris...more

DoD's New Cybersecurity and Cloud Standards and Reporting Requirements

The Department of Defense (DoD) released interim rules implementing provisions of the 2013 and 2015 National Defense Authorization Acts. The rules, released on Aug. 26, 2015, are effective immediately and establish the...more

Don’t Guess On How to Assert A Mechanic’s Lien

Many contractors and subcontractors have learned this the hard way: failure to comply with the filing and notice requirements for a mechanic’s lien can result in losing the lien and an effective way of ensuring payment for a...more

How Will Browning-Ferris Change the Test for Joint-Employer Status for Union and Non-Union Employers?

In a ruling that will affect most business relationships and extends far beyond either labor law or the concept of employment generally, the National Labor Relations Board (“NLRB” or “Board”) issued a much awaited decision...more

Construction & Engineering Toolkit: The Construction Industry Tax Deduction Scheme (CIS) - August 2015

In This Issue: The Construction Industry Tax Deduction Scheme (CIS) The Construction Industry Scheme (or CIS, as it is more commonly known) is a tax deduction scheme. It concerns construction work and...more

Federal Government Can Revoke Acceptance Years Later and Demand Replacement of Work

Many contractors mistakenly think that once the government accepts work and pays for it, that the work is, well, "accepted." Some also believe that the one-year warranty provided in the Federal Acquisition Regulation (FAR)...more

Last Call: California Legislature Makes Final Push for 2015 Session

The California Legislature reconvened on Monday, August 17, to finish its work for the 2015 regular session, which must end by September 11. The following bills are of particular interest to California private sector...more

A little good news: OSHA Grants Some Reprieve For Compliance with Its New Construction Industry Confined Space Rules

On May 4, 2015, OSHA issued a final rule setting new standards for workers in confined spaces on construction sites. The new rule requires coordination for multiple employers at the worksite, a competent person to evaluate...more

Fifth Circuit Finds Erosion in Texas—Because Endorsements Are Transformative

In Amerisure Mut. Ins. Co. v. Arch Specialty Ins Co., No. 14-20239 (5th Cir. April 21, 2015), a case that applied Texas law, the U.S. Court of Appeals for the Fifth Circuit recently held that the word “expenses,” as used in a...more

Make the Most of Your Mediation: The Single-Family Construction Defect Case

How can you economically and effectively settle the single-family construction defect case? In a recent mediation involving a homeowner, contractor and 15 subs, the participants used the following practices, which resulted in...more

390 Results
View per page
Page: of 16

"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.