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HTMLSummary of California’s Prompt Payment Laws
Colin R. Higgins, Jeffrey M. Singletary; Snell & Wilmer L.L.P.;
Legal Alert/Article
October 13, 2014, previously published on September 2014
The California legislature has enacted a comprehensive series of prompt payment statutes that are designed to ensure the prompt payment of progress payments and retention payments to downstream contractors by imposing harsh monetary penalties for any violations of the statutory scheme. Determining...

 

HTMLDrafting Contracts to Minimize or Avoid Claims
Jason Ebe; Snell & Wilmer L.L.P.;
Legal Alert/Article
October 13, 2014, previously published on September 2014
Many claims that arise in design and construction may be mitigated or avoided as a result of prudent contract drafting at the outset of the project. This article provides practical tips for drafting contracts to minimize or avoid claims. These tips are applicable to design and construction...

 

HTMLSubcontractors Beware: An Agreement to Sponsor an Appeal May No Longer Be Enough
Taft Stettinius Hollister LLP;
Legal Alert/Article
October 9, 2014, previously published on September 26, 2014
The 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...

 

HTMLIndustry 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;
Legal Alert/Article
October 9, 2014, previously published on October 2, 2014
The 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...

 

HTMLDoes Pennsylvania Law Permit Contractors and Owners to Extend the Six-Month Filing Deadline By Agreement?
Dylan B. Spadaccino; Babst Calland;
Legal Alert/Article
October 9, 2014, previously published on September 18, 2014
It is not uncommon for a subcontractor, for example, to call his or her attorney regarding filing a lawsuit against the prime contractor, 13 months after the dispute arose, only to learn that buried deep within the 50 page, single spaced, 8-point font contract, lurks a clause that shortened the...

 

HTMLFlorida Law Permits Limitations of Liability Clauses for Design Professionals
Stephen M. Reams; Stites & Harbison, PLLC;
Legal Alert/Article
October 8, 2014
Florida 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...

 

HTMLCourt 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;
Legal Alert/Article
October 7, 2014, previously published on September 30, 2014
The 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...

 

HTMLMisclassification of Workers: An Attempt to Save Could Cost Your Business A Bundle
Mark D. Maneche, Gregory S. Weiner; Pessin Katz Law, P.A.;
Legal Alert/Article
October 7, 2014, previously published on September 15, 2014
Many 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...

 

HTMLState Payment Bond Statutes: Navigating "Little Miller Acts"
Stephen J. Kelleher; Smith, Currie & Hancock LLP;
Legal Alert/Article
October 2, 2014, previously published on October 1, 2014
Contractors 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...

 

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.

 


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