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HTMLImplied Warranty Of Habitability Owed By A Home Builder To A Residential Purchaser Of A New Home Does Not Extend To The Subsequent Purchaser Of The Home.
Timothy G. Ventura; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
September 29, 2014, previously published on October 1, 2014
Residential purchasers of a three-year-old home brought a claim against the builder of the home for breach of the implied warranty of habitability upon discovering water infiltration and latent construction defects. However, they were not in contractual privity with the builder; rather, they had...

 

HTMLSupreme Court Of New Jersey Holds That Cardiovascular Death Is Not Compensable.
Angela Y. DeMary; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
September 29, 2014, previously published on October 1, 2014
The New Jersey Supreme Court reiterated that there remains a heightened standard of proof and causation for cardiovascular claims. The Supreme Court opined in Rennerr/i> that the decedent husband/petitioner failed to sustain his burden of proving a compensable cardiovascular death.

 

HTMLCalifornia Appellate Court Rules That California’s Prevailing Wage Laws Do Not Apply to Off-Site Fabrication
Robert R. Roginson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 26, 2014, previously published on September 19, 2014
On August 27, 2014, the California Court of Appeal issued its decision in the long-anticipated Russ-Will case, Sheet Metal Workers’ International Association, Local 104 v. Duncan; Russ Will Mechanical, Inc., Court of Appeal of the State of California, First Appellate District, Division Three,...

 

HTMLIdentification of Public Project Payment Bond Claimants
Harry Z. Rippeon; Smith, Currie & Hancock LLP;
Legal Alert/Article
September 24, 2014, previously published on September 17, 2014
Prime contractors working on public projects are often required to provide a payment bond to ensure adequate financial protection for those subcontractors and suppliers providing labor, materials, equipment, or other services. For federal government projects, this requirement is contained in the...

 

HTMLNew Building Bylaw: No More Door Knobs
Conrad Rego; McCarthy Tétrault LLP;
Legal Alert/Article
September 18, 2014, previously published on September 15, 2014
In September, 2013, Vancouver City Council approved a new 2014 City of Vancouver Building Bylaw. According to the City, the 2014 Building Bylaw 10908, which covers detached houses and low-rise residential buildings, brings about changes to the current Building Bylaw 9419 to support housing for...

 

HTMLFederal OSHA Proposes to Take Over Enforcement of Construction Standards in Arizona
Christopher M. Pastore; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 11, 2014, previously published on September 4, 2014
On August 21, 2014, the federal Occupational Safety and Health Administration (OSHA) proposed to revoke its approval of Arizona’s state occupational health and safety plan with respect to construction. If OSHA follows through on this proposal, Arizona employers that are engaged in...

 

HTMLOFCCP Notice of Proposed Extension of Record-Keeping Requirements for Construction Contractors
T. Scott Kelly, Samantha K. Smith; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 11, 2014, previously published on September 8, 2014
On September 2, 2014, the Office of Federal Contract Compliance Programs (OFCCP) published in the Federal Register a proposed renewal of the current record-keeping, notice, and reporting requirements imposed by Executive Order 11246 for federal construction contractors and subcontractors. The...

 

HTMLHonoring our Laborers
Katie Nealon; Brayton Purcell LLP;
Legal Alert/Article
September 11, 2014, previously published on September 3, 2014
Did you get Labor Day off at work this past Monday? For more than 100 years, laborers have been honored on the first monday in September for their "contributions made to the strength, prosperity, and well-being of our country" (US Dept of Labor).

 

HTMLDirectional Driller’s Employee’s Claims Against Lease Owner And Drilling Contractor Defeated On Summary Judgment
Sutherland Asbill Brennan LLP;
Legal Alert/Article
September 11, 2014, previously published on September 3, 2014
The Texas owner of a North Dakota oil and gas lease contracted with a drilling company to provide a drilling rig and drilling services (the “drilling contractor”), and also contracted with another company to perform directional drilling services (the “directional driller”)....

 

HTMLEnough with the COFEDs!
Goldberg Connolly;
Legal Alert/Article
September 5, 2014, previously published by Subcontractors News on September 2014
Much is being observed today regarding how one-sided basic contract language has become in the construction industry. This occurs at all levels: between owner/developers and their CM/GCs; CM/GCs and their subcontractors; and among subcontractors and their second tier specialty trade...

 


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