Recently, Virginia Governor Terry McAuliffe signed into law Senate Bill 891, new law effective July 1, 2015. S.B. 891 adds Section 11-4.1:1 to the Virginia Code and amends Subdivision (C) of Section 43-3 of the Virginia Code to prohibit the waiver of payment bond claims or contract claims, and the…
The Missouri Department of Natural Resources (DNR) denied the 2012 application of the Trinity Lutheran Church to participate in a state program that makes state solid waste management funds available to qualifying organizations to purchase recycled tires to resurface playgrounds. This use of recycled tires is described as a “beneficial…
Recently, a California Court of Appeals, in East West Bank v. Rio School District, concluded that “a dispute over the contract price does not entitle a public entity to withhold funds due a contractor,” avoiding the Public Contract Code § 7107 penalties. It further noted its disagreement with the 2009…
A version of our article titled Surviving the Storm originally appeared in a Bay Area Council publication in the March 2015. It discusses Superstorm Sandy’s sobering preview of the types of insurance and risk management issues that business and residents face given the prospects of a catastrophic storm.
Florida’s Third District Court of Appeals recently held that whether “prompt” notice was given to an insurer of a claim occurring over three and a half years after a hurricane caused damages to a condominium is a question of fact that must be given to the jury. This ruling confirms…
The following important U.S. District Court decisions are being appealed to the Fifth and Tenth Circuit Court of Appeals: Louisiana District Court says no go to suit against 88 oil and gas companies. On May 20, 2015, another important environmental appeal was filed with the Fifth Circuit Court of Appeals.…
On May 12, 2015, the U.S. District Court for the District of Columbia partially granted a request for a preliminary injunction against the enforcement on new Interior Department rules which are intended, under the Department’s reading of the Lacey Act, 18 U.S.C. Section 42, to prohibit the interstate transportation of…
On April 29, 2015, the United States Supreme Court issued another unanimous ruling holding that the right to judicial review is a fundamental tenet of administrative law. The case is Mach Mining, LLC, v. Equal Employment Opportunity Commission, and involves the right to challenge the conciliation proceedings of the EEOC…
The Nevada State Contractors Board anticipates that more than 100 of the state’s leading contractors are expected to attend the Nevada State Contractors Board’s third annual “Training Day” this summer in Reno and Las Vegas. The intensive day-long seminar, scheduled to occur on August 6 will bring together experts in…
On May 15, 2015, the Court of Appeals for the District of Columbia Circuit again ruled that the National Association of Home Builders lacked representational standing to challenge a “preliminary, internal determination” made by EPA and the US Army Corps of Engineers in 2008 that two stretches of the Santa…