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Articles Posted in Construction Generally

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Florida Delays Effective Date of Certain Sections of the Florida Building Code (5th Ed.)

The effective date of certain sections of the Florida Building Code (5th Edition) have been delayed by the Florida Legislature until June 30, 2016.  The sections are: (a)  Mandatory blower door testing for residential buildings or dwelling  units as contained in Section R402.4.1.2 of the Florida Building Code, 5th Edition (2014) Energy Conservation Volume;…

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9th Cir. Holds that Information Quality Act Does Not Apply to Federal Agency Press Releases

On September 8, 2015, the U.S. Court of Appeals for the Ninth Circuit issued a ruling interpreting the Information Quality Act (IQA) and its implementation by two federal agencies—the Office of Management and Budget (OMB) and the Department of Justice (DOJ).  The case is W. Scott Harkonen, M.D., v. U.S. Department…

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California’s New “Made in U.S.A.” Labeling Standard

California Governor Edmond G. (Jerry) Brown Jr. recently signed into law Senate Bill 633 (Hill), a bill that modernizes California’s “Made in U.S.A.” labeling standard to reflect the real-world market in which companies make products using components from around the globe. Under the prior law, it was unlawful to sell…

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January 2016, New Hampshire Will Require Mold Assessment Certification

Starting January 1, 2016, New Hampshire will require persons who perform residential “mold assessment” services for remuneration to possess a valid national “third party certification” for mold assessment. Under the new law, any professional hired by a homeowner, in which the primary work contracted for is not mold assessment, will be exempt…

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Illinois Amends Mechanic’s Lien Act to Permit Substitution of Mechanic’s Lien With Eligible Surety Bond

On July 29, 2015, Illinois Governor Bruce Rauner signed into law House Bill 2635 to amend Illinois’ Mechanic’s Lien Act (Act) to permit the substitution of an “eligible surety bond,” as defined, for a mechanic’s lien.  The new law expressly contemplates that a person may file a petition to substitute a…

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In Reversal, California Supreme Court Allows Assignment of Coverage for Liability Claims

Yesterday, Pillsbury attorney Robert Wallan published his client alert titled In Reversal, California Supreme Court Allows Assignment of Coverage for Liability Claims.  The Alert discusses the California Supreme Court’s reversal of its own heavily criticized decision in Henkel Corp. v. Hartford Accident & Indem. Co. (2003) 29 Cal. 4th 934. …

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SEC Adopts Final Pay Ratio Disclosure Rules

Today, Pillsbury attorneys Mark Jones, and Jessica Lutrin published their client advisory titled SEC Adopts Final Pay Ratio Disclosure Rules.  The Advisory discusses the SEC’s adoption of its Final Rule under the Dodd-Frank Act to require U.S. public companies to disclose the ratio of the annual total compensation of their principal executive…

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SEC’s Conflict Minerals Rule Again Held to be Unconstitutional

In the latest ruling in the case of National Association of Manufacturers, et al., v. SEC, a divided panel of the U.S. Court of Appeals for the District of Columbia held today that the Secuiety and Exchange Commission’s “conflict minerals” rule’s compelled disclosures—affecting the acquisition of certain minerals produced in the…

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Worker’s Death Results in Prison Term for Construction Company Owner and Project Manager

UPDATE: Cal/OSHA Cites Two Employers More Than $300,000 for Exposing Workers to Cave-In Hazards after Stop-Work Order Issued Recently, Cal/OSHA issued a News Release confirming that its criminal investigation into a cave-in death of a day laborer in late January 2012 has resulted in a 2-year prison sentence for both the…

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Timing is Everything: 9th Cir. Affirms IRS’ Disallowance of Charitable Deduction for Conservation Easement

In Minnick, et al., v. Commissioner of Internal Revenue, decided on August 12, 2015, involves conservation easements.  The U.S. Court of Appeals for the Ninth Circuit affirmed the U.S. Tax Court’s decision that disallowed a charitable deduction under Treasury Regulation § 1.170A-14(g)(2) claimed by the taxpayers for the donation of…