For the second time in two years, the U.S. Court of Appeals for the District of Columbia Circuit, in an important attorney-client privilege case, has issued a Writ of Mandamus to protect the contents of an internal corporate investigation that was led by the company’s lawyers. The case is In…
Articles Posted in Construction Generally
NASCLA Unites Nine States to Stage Stings Targeting Violations of Contractors’ Laws
Recently, the National Association of State Contractors Licensing Agencies coordinated a national sting operation carried out June 15-26, 2015 “to elevate consumer protection and deter illegal construction practices.” Nine states participated in the effort to combat what is commonly referred to as the underground economy: Arizona, California, Florida, Nevada, Rhode Island, South…
District Court Reviews NLRB Union Election Rules
In a case that does not seem to have attracted much notice, the U.S. District Court for the District of Columbia issued a very long opinion rejecting the arguments made by a number of major business trade groups that the new National Labor Relations Board (NLRB) union election rules exceed…
WA L&I Gives Guidance re Electrical Permit Requirements for HVAC Replacements and Retrofits
The Washington State Department of Labor & Industries recently confirmed that has been some confusion voiced about when the term “associated” in the phrase “associated Class 2 low voltage wiring,” added in recent revisions to the scope of work for Class B labels in W.A.C. § 296-46B-908, applies to the low voltage cable. …
Virginia Enacts Law to Protect Subcontractors, Lower-Tier Subcontractors and Material Suppliers
Virginia Senate Bill 891 amends Section 43-3 of the Code of Virginia and add Section 11-4.1:1 to protect subcontractors (defined in Section 43-1 as “contractors, laborers, mechanics, and persons furnishing materials, who do not contract with the owner but with the general contractor”), lower-tier subcontractors and material suppliers. Subdivision (c) of…
Environmental Case Law Update (March – June 2015) ~ Part VII
This is Part VII of VII of a brief recap of some the significant environmental law and administrative cases decided in the past few months: B. Texas State Court of Appeals On June 1, 2015, the Court of Appeals for the Seventh District sitting in Amarillo issued a ruling reversing the grant…
9th Circ. Provides Guidance on Federal Tort Claims Act
Anyone having a business relationship with the U.S. Government who believes the Government or one of its representatives has acted, or failed to act in such a manner as to cause harm, should be aware of the restrictions placed on governmental liability by the Federal Tort Claims Act, especially the…
Environmental Case Law Update (March – June 2015) ~ Part VI
This is Part VI of VII of a brief recap of some the significant environmental law and administrative cases decided in the past few months: M. U.S. Court of Federal Claims Wetlands mitigation banking agreements are subject to the rules of the U.S. Army Corps of Engineers; they can serve a useful…
Environmental Case Law Update (March – June 2015) ~ Part V
This is Part V of VII of a brief recap of some the significant environmental law and administrative cases decided in the past few months: K. Tenth Circuit 1. Court of Appeals In an important decision released on May 29, 2015, the U.S. Court of Appeals for the Tenth Circuit rejected the…
Environmental Case Law Update (March – June 2015) ~ Part IV
This is Part IV of VII of a brief recap of some the significant environmental law and administrative cases decided in the past few months: J. Ninth Circuit In the case of Association of Irritated Residents v. EPA, et al., decided June 23, 2015, the U.S. Court of Appeals for the Ninth…