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|Florida Law Permits Limitations of Liability Clauses for Design Professionals|
Stephen M. Reams; Stites & Harbison, PLLC;
October 8, 2014Florida enacted legislation making limitation of liability clauses for design professionals enforceable when certain conditions are met. The new law, passed last year, reverses the decision of a Florida appellate court that ruled in 2010 that any limitation of liability clause purporting to limit...
|Misclassification of Workers: An Attempt to Save Could Cost Your Business A Bundle|
Mark D. Maneche, Gregory S. Weiner; Pessin Katz Law, P.A.;
October 7, 2014, previously published on September 15, 2014Many business owners, including those in the construction industry, have noticed that their classification of workers is being closely scrutinized by a variety of federal and state regulatory agencies. There is no indication that this trend will slow any time soon. In fact, it was recently...
|Court of Appeal Issues Decision Clarifying the Applicability of Prevailing Wage Law to Offsite Fabrication of Materials|
Rebecca Chaparro, Tyree K. Dorward; Best Best & Krieger LLP;
October 7, 2014, previously published on September 30, 2014The California Court of Appeal has ruled that fabrication of materials for a public works project is not subject to California’s prevailing wage law if it occurs at a “permanent, offsite manufacturing facility, the location and existence of which is determined wholly without regard to...
|State Payment Bond Statutes: Navigating "Little Miller Acts"|
Stephen J. Kelleher; Smith, Currie & Hancock LLP;
October 2, 2014, previously published on October 1, 2014Contractors working on public contracts may perform for a number of public owners across a variety of jurisdictions. While it is always prudent for a contractor to know the contractual requirements of each jurisdiction, it is even more important to do so when crossing state lines. All states have...
|Implied 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.;
September 29, 2014, previously published on October 1, 2014Residential 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...
|Supreme Court Of New Jersey Holds That Cardiovascular Death Is Not Compensable.|
Angela Y. DeMary; Marshall Dennehey Warner Coleman & Goggin, P.C.;
September 29, 2014, previously published on October 1, 2014The 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.
|California 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.;
September 26, 2014, previously published on September 19, 2014On 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,...
|Identification of Public Project Payment Bond Claimants|
Harry Z. Rippeon; Smith, Currie & Hancock LLP;
September 24, 2014, previously published on September 17, 2014Prime 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...
|New Building Bylaw: No More Door Knobs|
Conrad Rego; McCarthy Tétrault LLP;
September 18, 2014, previously published on September 15, 2014In 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...
|Federal OSHA Proposes to Take Over Enforcement of Construction Standards in Arizona|
Christopher M. Pastore; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
September 11, 2014, previously published on September 4, 2014On 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...