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Administrative Agency Construction Civil Remedies

Read need-to-know updates, commentary, and analysis on Administrative Agency issues written by leading professionals.
Wendel, Rosen, Black & Dean LLP

When is a “Willful” Violation Willful (or Not) Under California’s Contractor Enforcement Statutes?

The enforcement statutes applicable to the California Contractors’ State License Board aren’t exactly models in clarity. A few examples...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wastewater Plant Construction/Calion Lake: Arkansas Court of Appeals Addresses Challenge to Condemnation

The Arkansas Court of Appeals in a February 20th opinion addressed issues arising out of the construction of a wastewater plant (“Plant”) by the City of Calion, Arkansas, (“City”) on Calion Lake (“Lake”). See James Randall...more

Wendel, Rosen, Black & Dean LLP

Naughty or Nice. Contractor Receives Two Lumps of Coal in Administrative Dispute

So, how were your holidays? Hopefully you were good and didn’t receive a lump of coal from Santa. For one contractor, 2018, wasn’t such a good year. And as its name, Black Diamond, suggests, it did indeed receive a black...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Asbestos/NESHAP Enforcement: Alabama Department of Environmental Management Proposed Administrative Order Regarding Demolition...

The Alabama Department of Environmental Management (“ADEM”) issued a proposed Administrative Order (“AO”) to Britt Demolition and Recycling, Inc. (“BDRI”) regarding an alleged violation of the Clean Air Act National Emission...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Asbestos Enforcement: Alabama Department of Environmental Management Issues Administrative Order to Marietta, Georgia Construction...

The Alabama Department of Environmental Management (“ADEM”) issued an Administrative Order (“AO”) to Cork-Howard Construction Company, Inc. (“CHCC”). See Administrative Order No.: 18- ____-AP. CHCC is described as a...more

Cohen Seglias Pallas Greenhall & Furman PC

Court Upholds Rights of Small Business Dredging Contractors

In a bid protest argued by our firm before the United States Court of Federal Claims on September 23, 2014, the Court ruled in favor of our client, RLB Contracting, Inc., (RLB) in a matter involving the designation of the...more

Snell & Wilmer

Effective Use of CPM Scheduling

by Snell & Wilmer on

In a relatively recent case, Metcalf Construction Co. v. U.S., 107 Fed. Cl. 786 (2012), the U.S. Court of Federal Claims once again looked to the critical path method (CPM) in determining the allocation of damages in a...more

Miller Starr Regalia

Revised law is new paint job for construction remedies

by Miller Starr Regalia on

Originally published in the San Francisco Daily Journal - December 26, 2012. If the sudden 2008 credit crunch can be likened to an earthquake, then the following flood of mechanics lien and stop payment notice...more

Sheppard Mullin Richter & Hampton LLP

Special Advisory: New Mechanics Lien Act in California

In 2010, the California Legislature enacted Senate Bill ("SB") 189 to reorganize and simplify the laws governing works of improvement. The bill completely re-writes the statutes which provide for mechanics liens, stop notices...more

Buchalter

California’s Revised Mechanics Lien Law: Changes in Rights and Obligations of Construction Lenders

by Buchalter on

California’s mechanics lien law provides various rights and remedies to persons who provide labor, service, equipment or material to real property, including the right to record a mechanics lien on the improved work for both...more

Carlton Fields

Contractual and Federal Statutory Support for an Owner’s Right to Withhold Payment for Work Performed

by Carlton Fields on

Owner/contractor disputes over payments for work performed can jeopardize the success of a construction project if not promptly resolved. Accordingly, a construction contract should contain carefully crafted payment...more

Manatt, Phelps & Phillips, LLP

Changes to California Mechanics’ Lien Laws Effective July 1 – Are You Ready?

On July 1, 2012, pursuant to Senate Bill No. 189 (“SB 189”), all of California’s laws regarding mechanics’ liens, stop notices and payment bonds were revised, renumbered, supplemented and/or replaced. Although some provisions...more

Davis Brown Law Firm

Iowa's New Mechanic's Lien Law - Notices from the Secretary of State

by Davis Brown Law Firm on

Recently, I have had several people ask me about the notices that homeowners will receive under the new Mechanic's Lien Law applicable to residential projects. Under the new law, the Secretary of State's office will send out...more

Stinson LLP

Construction Law Alert: Lien Waivers Sink Bond Claim

by Stinson LLP on

If you're not being paid, then don't provide lien waivers saying that you are. That's the clear lesson in a recent case, J.H. Larson Electrical Company v. Rochon Corporation. In J.H. Larson, the Minnesota Court of Appeals...more

Pillsbury Winthrop Shaw Pittman LLP

Significant Changes to California's Mechanics Lien Law Coming July 1, 2012

Effective July 1, all of the existing statutes governing mechanics liens, stop notices and payment bonds in California will be repealed and replaced by updated statutes. In September 2010, Governor Edmund G. Brown, Jr....more

Davis Brown Law Firm

New Law Means Major Changes to Iowa's Mechanic's Lien System

by Davis Brown Law Firm on

On Friday, April 27, 2012, the Governor signed House File 675 into law. This new law will significantly change Iowa's mechanic's lien system and implements numerous amendments to Iowa Code Chapter 572, which governs...more

Miller & Martin PLLC

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

by Miller & Martin PLLC on

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

Farella Braun + Martel LLP

Choice Deprives Public Entity of Attorneys’ Fees on Stop Notice

by Farella Braun + Martel LLP on

The California Court of Appeal clarified the law on a public entity’s right to recover attorneys’ fees in connection with its withholding of funds from a general contractor because of a stop notice filed by a subcontractor. ...more

Schnader Harrison Segal & Lewis LLP

Construction Alert: NOTICE! Pending Changes to Pennsylvania's Mechanics' Lien Law

In order to promote full disclosure and identification of subcontractors (defined as both first and second tier subcontractors) who potentially might have a lien claim on a commercial construction project in Pennsylvania,...more

Melissa Dewey Brumback

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

by Melissa Dewey Brumback on

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

Snell & Wilmer

California Anti-Indemnity Statutes and Contractual Additional Insured Requirements

by Snell & Wilmer on

Contractual agreements between owners and general contractors and/or between general contractors and subcontractors routinely include “indemnity” and/or “additional insured” provisions. Indemnity provisions typically require...more

Snell & Wilmer

Recent Developments under Colorado's Homeowner Protection Act of 2007

by Snell & Wilmer on

Effective April 25, 2007, the Colorado General Assembly enacted the Homeowner Protection Act (HPA) "[i]n order to preserve Colorado residential property owners' legal rights and remedies." C.R.S. § 13-20-806(7)(a). The...more

Snell & Wilmer

The Annual Round With Utah's Mechanics' Lien Laws

by Snell & Wilmer on

Death and taxes aren't the only sure things in this life. Another event you can take to the bank is the annual tweaking and twisting of Utah's mechanics' lien laws in the legislature. It is always a dynamic process to watch,...more

Miller Starr Regalia

What Is In A Name? It May Not Matter As Much As You Think If You Are An Individually Licensed Contractor

by Miller Starr Regalia on

The Contractor's State License Law (“CSLL”), found at Business and Professions Code sections 7000 et seq., provides a comprehensive licensing scheme that requires all contractors doing business in California to possess a...more

Snell & Wilmer

Under Construction - June 2011

by Snell & Wilmer on

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

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Privacy Officer
JD Supra, LLC
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Sausalito, California 94965

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Updates to This Policy

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