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|It’s About Time: NY’s Public Authorities Law §1744 (2) Is Amended to Provide That A Notice Of Claim Must Be Filed After the Claim is Denied|
Richard R. Volack, Charles E. Williams; Peckar & Abramson A Professional Corporation;
March 27, 2015, previously published on January 2015For years, the New York City School Construction Authority has denied numerous contractors the opportunity to recover sums due and owing for work performed because they failed to file a formal notice of claim within 90 days of when their damages were ascertainable, even if they didn’t know...
|Proposed Amendments to Chapter 558, Florida Statutes|
K. Stefan Chin; Peckar & Abramson A Professional Corporation;
March 27, 2015, previously published on January 2015The Associated General Contractors of America (“AGC”) will be seeking passage of a bill in 2015 which amends Chapter 558, Florida Statutes, Florida’s “Notice and Opportunity to Cure” statute.
|The 4th Circuit Expands Liability Under the False Claims Act|
Edward T. DeLisle, Amy M. Kirby; Cohen Seglias Pallas Greenhall & Furman PC;
March 24, 2015, previously published on February 20, 2015On January 8, 2015 the U.S. Court of Appeals for the Fourth Circuit issued a decision in United States v. Triple Canopy, which broadened the reach of the False Claims Act (FCA) by embracing the theory of implied certification. While it is too early to speculate about the impact of the decision, it...
|A Bridge Over Deregulated Waters: The New Navigation Protection Act|
Jordanna Cytrynbaum, Miriam Isman; McCarthy Tétrault LLP;
November 28, 2014, previously published on November 17, 2014On April 1, 2014, the Federal Navigation Protection Act, R.S.C. 1985, c. N-22 (the “New Act”) came into force, replacing the Navigable Waters Protection Act (the “Old Act”) and making notable changes to Canada’s regulation of waterways. The legislative objective is to...
|Conditional Building Permits: A Very Useful Tool|
Michael Foderick; McCarthy Tétrault LLP;
November 11, 2014, previously published on October 20, 2014There are many situations in which a developer may need to begin construction before a certain date, but cannot get their building permit in time. In Ontario that is usually because they cannot yet meet some very minor “applicable law” requirement that, according the Building Code Act,...
|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,...
|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...
|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,...
|President Obama Signs Executive Order Prohibiting Sexual Orientation and Gender Identity Discrimination by Federal Contractors|
Randall D. Avram, James H. Coil, Susan W. Pangborn, Chuck Rice; Kilpatrick Townsend Stockton LLP;
July 28, 2014, previously published on July 21, 2014On July 21, 2014, President Obama signed Executive Order 11478 prohibiting federal contractors and subcontractors and construction employers working on federally assisted construction projects from discriminating in employment on the basis of sexual orientation and gender identity. This marks the...