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Gravel2Gavel Construction & Real Estate Law Blog

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Stiff Penalty for Engaging in Unlicensed Activity In a Declared Disaster Area (Wildfires in Amador, Calaveras, Lake and Napa Counties)

Pursuant to his authority under California Government Code § 8620, Governor Brown declared a state of emergency on September 11  in Amador  and Calaveras Counties, and on September 13 for Lake and Napa Counties for the wildfires that started in early September.  Contractors beware that Section 7028.16 of California’s Contractors’ State…

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Count Down to Solar Decathlon U.S. 2015

UPDATE:   Stevens Wins Solar Decathlon 2015 — CONGRATULATIONS! The U.S. Department of Energy’s Solar Decathlon is a biennial event that challenges collegiate teams to design, build, and operate solar-powered houses that are cost-effective, energy-efficient, and attractive. The winning team will be the one that best blends affordability, consumer appeal, and design…

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In PA, Starting Nov. 1, 2015, Licensed Demolition Contractor Must Be Identified on All Demolition Permit Applications

The Philadelphia Department of Licenses and Inspections (L&I) has posted notice that the new demolition contractor license requents are effective October 1, 2015.  L&I has made available information on Demolition Contractor License Class A and Class B application requirements. According to its website, L&I will begin accepting license applications on September 14, 2015 and…

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Cal. Supreme Court Denies Cert in Pacific Caisson & Shoring, Inc. v. Bernards Bros. Inc.

In late August 2015, the California Supreme Court denied Pacific Caisson & Shoring, Inc.’s (Pacific Caisson) petition for review of the Second Appellate District Court of Appeal’s decision affirming the trial court’s judgment that Pacific Caisson did not substantially comply with the requirement that a contractor be licensed while performing work requiring a…

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PA: New Safety Training Requirements Effective Oct. 1, 2015

The Philadelphia Department of Licenses and Inspections (L&I) a has issued a Notice regarding new Occupational, Safety and Health Administration (OSHA) 10 and OSHA 30 safety training (or equivalent) requirements in effect October 1, 2015.  L&I is offering Safety Training Information Sessions on the new training requirements on September 30, October 7,…

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LA District Court Holds that Spill and Release of Crude Oil from the Deepwater Horizon Well Did Not Trigger EPCRA Reporting Requirements

On September 11, 2015, the United States District Court for the Eastern District of Louisiana issued a significant ruling holding that CERCLA’s “Petroleum Exclusion” applies to the release of crude oil and any quantities of benzene, toluene and xylene present in this crude oil resulting from the Deepwater Horizon oil spill…

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Pennsylvania Appellate Court Confirms Exception to Economic Loss Doctrine For Claims Regarding Faulty Design Documents

In Gongloff Contracting, L.L.C. v. L. Robert Kimball & Associates, Architects & Engineers, Inc., 2015 Pa. Super 149 (Pa. Super. Ct. July 8, 2015), the Superior Court of Pennsylvania reversed the trial court’s decision and held that a claim for negligent misrepresentation could be based on faulty design documents under…

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CA Simplifies HIS Registration Requirements

UPDATE: CSLB Taking Steps to Implement New, Simplified Home Improvement Salespersons Registration Process (posted November 12, 2015) On September 8, 2015, California Governor Edmund G. Brown Jr. signed into law Senate Bill 561 (Monning), a bill that simplifies the home improvement salespersons (HIS) registration process to a single registration even…

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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…