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|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...
|Directional Driller’s Employee’s Claims Against Lease Owner And Drilling Contractor Defeated On Summary Judgment|
Sutherland Asbill Brennan LLP;
September 11, 2014, previously published on September 3, 2014The 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”)....
|Honoring our Laborers|
Katie Nealon; Brayton Purcell LLP;
September 11, 2014, previously published on September 3, 2014Did 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).
|OFCCP Notice of Proposed Extension of Record-Keeping Requirements for Construction Contractors|
T. Scott Kelly, Samantha K. Smith; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
September 11, 2014, previously published on September 8, 2014On 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...
|Procedural Differences for Claims on Standard Form Performance and Payment Bonds|
Jonathan R. Mayo; Smith, Currie & Hancock LLP;
September 5, 2014, previously published on September 2, 2014Construction suretyship is a three-part relationship in which a surety provides performance and payment bonds guarantying the performance of a contractor to an owner and the contractor’s subcontractors and suppliers. A contractor may also demand performance and payment bonds from its...
|Montgomery County Considers Adoption of Amended Version of 2012 International Green Construction Code|
Stuart R. Barr; Lerch Early Brewer Chartered;
September 5, 2014, previously published on September 2, 2014Montgomery County now is proposing to do what the state of Maryland did in March 2011 ¿ adopt the International Green Construction Code (IgCC). The IgCC is a model code created by the International Code Council that provides minimum requirements to safeguard the environment, public health,...
|Enough with the COFEDs!|
September 5, 2014, previously published by Subcontractors News on September 2014Much 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...
|Tips and Updates Related to Construction Contracts|
Matthew H. Hanka; Fryberger, Buchanan, Smith & Frederick, P.A.;
September 3, 2014, previously published on August 28, 2014This summer promises to be a busy one for local construction projects. Commercial and residential projects are rapidly increasing in number. And, regardless of whether you are involved in a large commercial project, or looking to update or build a new home, the following practical tips and...
|Shafer Electric & Construction v. Mantia: PA Supreme Court Holds That Noncompliance with the Home Improvement Consumer Protection Act Does Not Entitle Homeowners to Free Work|
Matthew L. Erlanger, Jennifer M. Horn; Cohen Seglias Pallas Greenhall & Furman PC;
September 2, 2014, previously published on August 21, 2014Pennsylvania’s Home Improvement Consumer Protection Act (“HICPA”), which went into effect in 2009, generally requires that home improvement contracts be in writing and contain thirteen specific items (including the contractor’s home improvement contractor registration...
|Precedent Setting Case: Standard Exclusion in Course of Construction Insurance Policy Interpreted for First Time|
Lauren Kristjanson, Grant H. Mayovsky, David Miachika, Christopher J. O'Connor; Borden Ladner Gervais LLP;
August 29, 2014, previously published on August 25, 2014Acciona Infrastructure Canada Inc.v. Allianz Global Risks US Insurance Company, 2014 BCSC 1568 ¿ Builders Risk (Course of Construction) Policy; LEG2/96 Defects Exclusion Interpreted; Fortuity and Damage Requirements Clarified