News & Analysis as of

Public Works

Promoting American Leadership in Reducing Air Emissions Through Innovation: November 15th U.S. Senate Environment and Public Works...

The United States Senate Committee on Environment and Public Works (“Committee”) held a full Committee hearing on November 15th titled: Promoting American Leadership in Reducing Air Emissions Through Innovation...more

Prevailing Wages: SB 96

by Best Best & Krieger LLP on

The following Q&A were from a recent Best Best & Krieger LLP free webinar “SB 96: Department of Industrial Relations’ New Prevailing Wage Penalties.” The webinar was presented as part of an ongoing series...more

Energy Hearings This Week

by Kelley Drye & Warren LLP on

Senate Energy and Natural Resources Committee hearing on “Hurricane Recovery Efforts in Puerto Rico and the U.S. Virgin Islands.” Date: Tuesday, Nov. 14, 9:30 a.m....more

Current Issues for Higher Education Real Estate Lawyers

by Bowditch & Dewey on

Campus Real Estate, Property Management, Tax Credits The 15th Annual Higher Education Real Estate Lawyers conference was held in San Francisco, where attendees listened to and learned from both in-house and outside counsel at...more

California Governor Approves Three More Employment Laws: “Ban The Box”; Expansion of Sexual Harassment Training; and Contractors...

The deadline for California Governor Jerry Brown to sign new bills into law officially expired October 15, 2017. In addition to signing five bills last week, the Governor signed three more employment-related bills into law...more

Wetland Mitigation Banks: Louisiana Appellate Court Addresses Whether Public Bid Law Applies to the Sale of Credits

The Court of Appeal of Louisiana (“Court”) was asked to consider whether the Louisiana public bid law applied to the sale of wetland mitigation bank credits. See Zachary Mitigation Area, LLC v. Tangipahoa Parish Council, 2017...more

The Consequences of Failing to Exhaust Administrative Remedies Prior To Filing Suit - Construction and Procurement Law News, Q3...

The Fourth Circuit Court of Appeals, the federal appeals court covering Maryland, Virginia, West Virginia, North Carolina, and South Carolina, affirmed the trial court’s decision to dismiss a contractor’s breach of contract...more

Enforcing Public Contracts against a Surety

This summer, the Washington Supreme Court ended a long dispute within the construction industry and issued an opinion finding that a performance bond is, in essence, an insurance contract. The court made clear that a public...more

Comment Period Approaching on State Board Regulatory Program for Discharge of Dredge and Fill Material

by Nossaman LLP on

In a prior e-alert, we described the effort of the California State Water Resources Control Board (State Board) to develop a new regulatory program for discharge of dredged or fill materials to waters of the state. The...more

Construction and Infrastructure Update - July 2017

California’s New Public Works Claims Resolution Process - If you’re a public entity or contractor involved in public works construction, you should be aware of a new law that took effect this year establishing a new...more

Scary Movie: Theatre Developer Axed By Court of Appeal In Prevailing Wage Determination Challenge

The First Appellate District of the California Court of Appeal recently held that the construction of a movie theater, which was performed in furtherance of a city’s redevelopment agenda, constitutes a “public work” within...more

Failure to Register Public Works Projects with DIR Could Result in Penalties - New California Law Takes Effect Immediately

by Best Best & Krieger LLP on

This week, Gov. Jerry Brown signed into law SB 96, which permits the Department of Industrial Relations to impose fines and penalties on local government agencies for failing to comply with certain prevailing wage laws....more

Do Read the Fine Print – California’s Recent Budget Makes a Number of Labor and Employment Policy Changes

by Fisher Phillips on

Last week, (by their constitutional June 15 deadline) the California Legislature passed and sent to the Governor a $184.5 billion budget for fiscal year 2017-18. Most of the media attention focused on tobacco tax...more

A strict enforcement of time bar provisions

by White & Case LLP on

Time bar provisions are a relatively common feature of construction contracts, but often arouse concern because they are seen to be "harsh". A recent case from Northern Ireland confirms that notwithstanding any "harsh"...more

SB-30 and its Implications for Doing Public Work Construction for the State of California – Another Risk to Manage

by Snell & Wilmer on

Summary of SB-30 - Senate Bill 30 California-Mexico Border: Federally Funded Infrastructure (“SB-30”) was introduced on December 5, 2016 by Democrat Senator Ricardo Lara, who is its primary sponsor. SB-30 is an act to add...more

New York Issues Draft Guidance on New Contractor Salary Disclosure Requirement, Seeks Public Comment

On June 1, 2017, the state of New York’s Department of Economic Development (the department) issued draft forms and guidance to capture employee salary information from New York state contractors and subcontractors pursuant...more

Hearings This Week

by Kelley Drye & Warren LLP on

Senate Energy and Natural Resources Committee markup to vote on the nominations on David Bernhardt to be deputy Interior secretary; Dan Brouillette to be deputy Energy secretary; Neil Chatterjee to be a member of the Federal...more

What California Bills Survived the Suspense File?

by Fisher Phillips on

As we discussed recently, this was a significant week in the California Legislature, as the Assembly and Senate Appropriations Committees decided the fate of hundreds of bills in announcing which bills made it off the...more

The Suspense is Killing Me! What Big Labor Bills Will Make it Off the Suspense File?

by Fisher Phillips on

In the California Legislature, bills first are referred to the appropriate policy committee for hearing. Labor bills are referred to the Labor Committee, crime bills are referred to the Public Safety Committee, health bills...more

Hot List – What’s Happening in the California Legislature 4/24-4/28

by Fisher Phillips on

Our weekly California Legislature “hot list” provides you with a preview of the bills that are up (as well as other important legislative action) the following week... Recap of Legislative Bill Activity Last Week – The...more

Supreme Court of California Holds That a Losing Bidder on a Public Works Contract Cannot Sue the Winning Bidder for Intentional...

by Pepper Hamilton LLP on

Roy Allan Slurry Seal, Inc. v. American Asphalt South, Inc., 2017 Cal. LEXIS 1024 (Cal. February 16, 2017) - This tort lawsuit relates to a dispute over the bidding process on several public works contracts in...more

Hot List (Spring Break Edition!) – What’s Happening in the California Legislature 4/10-4/14

by Fisher Phillips on

Our weekly California Legislature “hot list” provides you with a preview of the bills that are up (as well as other important legislative action) the following week....more

Hot List – What’s Happening in the California Legislature 3/20-3/24

by Fisher Phillips on

Our weekly California Legislature “hot list” provides you with a preview of the bills that are up (as well as other important legislative action) the following week...more

California Supreme Court Rejects Claim by Second-Lowest Bidders on Public Works Contracts that Low Bidder Interfered with a...

by Nossaman LLP on

The California Supreme Court in Roy Allan Slurry Seal, Inc. v. American Asphalt South, Inc. (Feb. 16, 2017) Case No. S225398, --- Cal.3d ---, held that for public works contracts awarded to the lowest responsive, responsible...more

Hot List – What’s Happening in the California Legislature 3/13-3/17

by Fisher Phillips on

As the 2017-18 legislative session gets underway in California, policy committees are beginning to hear and vote on bills – including numerous proposals that impact California employers. Our weekly “hot list” will provide you...more

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