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|Statutory vs. Conventional Bonds: What’s the Difference?|
Jacob E. Roussel; Breazeale, Sachse & Wilson, L.L.P.;
October 20, 2016, previously published on October 2016Those in the construction industry are all too familiar with the requirement of furnishing bonds on a project. However, not everyone is acquainted with whether their bond is a statutory bond or a conventional bond. From a legal standpoint, the distinction between the two can be significant. For a...
Shift West May Impose Requirements on South Florida Property Owners and
Robert S. Fine; Greenberg Traurig, LLP;
October 10, 2016, previously published on Ocotober 4, 2016With the overnight change in course of Hurricane Matthew increasing the likelihood of a major wind event in South Florida, with the possibility of major hurricane (Category III or IV) conditions, contractors operating construction sites and property owners should be aware that Miami-Dade and...
|SB-465 Mandates Additional Reporting Requirements for Contractors|
D. Creighton Sebra; Morris Polich & Purdy LLP;
October 6, 2016, previously published on September 28, 2016Governor Brown just signed SB-465 that goes into effect January 1, 2017 and provides the Contractors State License Board more information about licensees. This bill allows increased transparency between licensed contractors and the CSLB and mandates that licensed contractors report work-related...
|Insider Threat Programs - A New Challenge for Cleared Contractors|
Garen E. Dodge, Laura E. Jehl; Sheppard, Mullin, Richter & Hampton LLP;
September 28, 2016, previously published on August 16, 2016On May 18, 2016, the Department of Defense issued Conforming Change 2 of the “National Industrial Security Operating Manual” (“NISPOM”). NISPOM Change 2 requires all U.S. government contractors who require access to U.S. classified information to implement an Insider Threat...
|Statute of Repose Begins When Each Contractor's Work Ends|
Adam B. Wiens; Hall & Evans, LLC;
September 27, 2016, previously published on September 13, 2016In a long-awaited and widely-anticipated decision, Colorado courts clarified that the Statute of Repose begins when each contractor’s work ends, eliminating the risk of claims arising many years after performing the work. The Statute of Repose is a legal doctrine which generally bars claims...
|Ledcor Construction Ltd. v. Northbridge Indemnity Insurance Co., 2016 SCC 37|
David R. Mackenzie; Blaney McMurtry LLP;
September 22, 2016, previously published on September 15, 2016On September 15, 2016, the Supreme Court of Canada released the highly anticipated Ledcor decision. In its reasons, the Court assessed the scope of the faulty workmanship exclusion found in a Builders Risk policy, and clarified the standard of review appellate courts should give to standard form...
|New Arizona Laws Seek to Clarify Independent Contractor Status|
Adam P. Boyd, Thomas M. Stanek; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
September 9, 2016, previously published on August 23, 2016Arizona’s new Declaration of Independent Business Status (DIBS) law went into effect on August 6, 2016. Arizona employers can now clarify their relationships with independent contractors under certain circumstances. For purposes of state law, employers may confirm the independent contractor...
|Key Changes to Security of Payment Regime in Western Australia|
Simon Bellas, Stephen McComish, Paul Riethmuller; Jones Day;
September 6, 2016, previously published on August 2016The Western Australian Government’s long-awaited response to review of the Construction Contracts Act 2004 (WA) (“CCA”) was recently released amid further scrutiny on government-managed construction projects and contractor insolvencies. Professor Evans’s report on the...
|When the Customer Is Not Always Right - Contractor’s Liability When Homeowner Insists on Ignoring Building Codes|
Joseph A. Merlino; Rudolph Friedmann LLP;
August 25, 2016, previously published on April 8, 2016The motto, “The customer is always right,” was popularized by innovators in the retail industry in the early 20th Century. However, the slogan is rarely used in the construction industry - and for good reason. The customer’s desires and expectations when it comes to building or...
|Commercial Contractors: Beware the Cost of Insurance and Indemnity Provisions|
James L. Rudolph; Rudolph Friedmann LLP;
August 25, 2016, previously published on February 24, 2016Owners and general contractors generally want construction site sub-contractors to bear more than their pro rata share of the legal and financial burdens arising from any personal injury or property damage associated with a construction project.