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Articles Posted in Construction Generally

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DC Court of Appeals Revisits Attorney-Client Privilege/Work Product Doctrine for Internal Corporate Investigation

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…

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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…

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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…

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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. …

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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…

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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…

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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…

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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…

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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…

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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…