For contractors, keeping track of the various provisions and requirements of federal statutes such as the federal Clean Air Act (CAA) while also jumping through the many hoops of local permitting can be quite an achievement in and of itself. But as a recent case shows us, the “litigative shield”…
Articles Posted in Construction Generally
Judicial Admission Renders Licensure Uncontroverted
Recently, the California Court of Appeal for the Fourth Appellate District, in Womack v. Lovell, et al., Case No. G409587 (June 5, 2015), reversed a judgment in favor of the homeowner, noting that “[t]he devil isn’t the only resident in the details; sometimes truth and fairness lodge there as well.” The Court…
Construction Industry to See Greater Federal Footprint in Projects with New “Waters of the United States” Rule
The U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers’ (Corps) have finalized their much-discussed joint “waters of the United States” definition and rule. This regulatory definition controls the scope and scale of these agencies’ regulatory authority under the federal Clean Water Act (CWA). It was slated…
Social Consciousness, Supply Chains, and the Power of Shame
DECEMBER 9, 2015 UPDATE: Today, the Central District Court its Order Granting Defendant’s Motion to Dismiss in Barber v. Nestle USA, Inc., et al., No. SACV 15-01364-CJC(AGRX), concluding that “Plaintiffs’ claims are barred by the safe harbor doctrine and therefore declines to reach the remainder of Nestlé’s arguments.” Nestlé successfully…
A $13M Lesson in “Due Care”?
In Lacey Act Lessons from the Lumber Liquidators $13 Million Settlement, Pillsbury attorneys William Sullivan and Benjamin Cote explore the ramification of Lumber Liquidators’ agreement to plead guilty to five criminal charges, including one felony, stemming from its purchase and import of certain wood products through three separate Chinese suppliers. Among other things,…
FREE CSLB Webinar ~ Manufacturing and Research & Development Sales Tax Exemption
Wondering if your company qualifies for a partial sales and use tax exemption on equipment purchases and leases? The California Contractors State License Board is inviting manufacturers, research & development companies, construction contractors, retailers of construction materials and everyone else to join it for a FREE webinar: Manufacturing and Research…
A Crack in Judicial Deference to Federal Agency Rule Interpretation?
Some of the current Justices sitting on the U.S. Supreme Court have written that they are dissatisfied with the state of the law regarding the deference the courts must accord to a federal agency’s interpretation of its own regulations. A workplace safety case decided on October 13, 2015, by an…
California Liening: The Labor Commissioner’s New Enforcement Tool
The California Labor Commissioner now has more power to enforce minimum wage requirements and to collect payment for wage-related claims. California Governor Brown’s website confirmed Saturday that he has signed into law special provisions permitting the Labor Commissioner to, among other things, file a lien or levy on an employer’s property in order to assist…
Nevada Adds Another Tool to Its Tool-belt to Combat Underground Economy
States that require a person that engages in work requiring a contractor’s or specialty contractor’s license generally include within their licensing law an express provision making it unlawful to advertise for work requiring a contractor’s license unless the person, in fact, is property licensed. Many states’ licensing laws also require a licensed contractor to…
“Hear the beep where you sleep…” – National Fire Prevention Week: Oct. 4-10
National Fire Prevention Week commemorates the Great Chicago Fire of 1871. Over the course of two days, the fire reportedly killed more than 250 people, left 100,000 homeless, destroyed more than 17,400 structures and burned more than 2,000 acres. On June 1, the National Fire Protection Association announced “Hear the Beep…