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|Subcontractors Beware: An Agreement to Sponsor an Appeal May No Longer Be Enough|
Taft Stettinius Hollister LLP;
October 9, 2014, previously published on September 26, 2014The Armed Services Board of Contract Appeals’ (“ASBCA”) jurisdiction is limited by law to prime contractors. For the ASBCA to exercise jurisdiction over a subcontractor’s claim, a subcontractor’s appeal must be sponsored by the party in privity with the United States...
|Industry Standards and OSHA Redefining VSSR Regulations|
Nicholas E. Davis, Lawrence C. Davison, Samuel M. Duran, Christopher B. Ermisch, Cynthia C. Felson; Taft Stettinius & Hollister LLP;
October 9, 2014, previously published on October 2, 2014The Ohio Supreme Court recently held that industry standards and OSHA laws may be considered by the Industrial Commission in the interpretation of VSSR (Violation of a Specific Safety Requirement) regulations. In State ex rel. Richmond v. Indus. Comm., Slip Opinion No. 2014-Ohio-1604, the claimant...
|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...
|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.
|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...
|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...