In its Public Notice of Nevada State Contractors Board (NSCB) Meeting scheduled for January 22, 2015 at 8:30 a.m. by videoconference at its Henderson and Reno NSCB offices, the NSCB’s agenda indicates that the meeting may include a legislative discussion and possible action on several pre-filed senate and house bills.…
Gravel2Gavel Construction & Real Estate Law Blog
Preemption Anyone? California’s Ban of the Sale of Foie Gras Is Preempted by Federal Law
On January 7, 2015, the U.S. District Court for the Central District of California held that California’s ban on the sale in California of foie gras–a delicacy made from fattened and force-fed duck liver–was preempted by federal law, namely the Poultry Products Inspection Act (PPIA), 21 U.S.C. §§ 451-470. The…
North Carolina Court Holds Citizen Suit Plaintiffs Can Have Claims for Relief Heard By A Jury
On December 29, 2014, the U.S. District Court for the Eastern District of North Carolina held that the plaintiffs in a Resource Conservation and Recovery Act (RCRA) and Clean Water Act (CWA) citizens-suit against the owners and operator of a swine farm had the right to have the case tried…
Washington, D.C. Court Approves Consent Decree Settlement between U.S. and Hyundai
On January 9, 2015, the U.S. District Court for the District of Columbia approved a proposed consent decree that had been negotiated by EPA and the California Air Resources Board (CARB) that resolved the government’s claims that Hyundai Motor Company, Hyundai Motor America, Kia Motors Corporation, Kia Motors America, and…
California Contractor License #1,000,000 Issued
Today, the California State Contractors License Board (CSLB) announced that, over the weekend, it issued its one-millionth contractor license to a tree service company in Norwalk, California. The CSLB was created on August 14, 1929, with the support of the State of California’s construction industry, so the public would be…
New CA Public Accommodation Bill Introduced
Existing California law allows a plaintiff to collect statutory damages in a construction-related accessibility claim against a place of public accommodation only if the plaintiff was denied full and equal access to the place of public accommodation on a particular occasion, as specified. It also requires a demand letter alleging…
A Cautionary Tale for Small and Large Businesses in a Mentor-Protégé Relationship: Size Appeal Of Kisan-Pike
Yesterday, we published our client advisory titled A Cautionary Tale for Small and Large Businesses in a Mentor-Protégé Relationship: Size Appeal Of Kisan-Pike. The Advisory discusses the Small Business Administration (“SBA”) Office of Hearings and Appeals’ (“OHA”) November 24, 2014 finding that a mentor-protégé joint venture agreement between Kisan Engineering…
You Can’t Change That – We Had a Deal!
On December 9, 2014, the U.S. Civilian Board of Contract Appeals (“CBCA”) decided Kiewit-Turner, a Joint Venture v. Department of Veterans Affairs, in which general contractor Kiewit-Turner (“KT”) scored a major victory against the Department of Veterans Affairs (“VA”). The CBCA ruled that a change order required the VA to…
Environmental Provisions in the Consolidated and Further Continuing Appropriations Act, 2015
In addition to the bread and butter federal agency appropriations language in the Consolidated and Further Continuing Appropriations Act, 2015 (the “Act”), enacted late last year, the Act includes a number of provisions affecting environmental regulation, including: The interpretive rule published by Environmental Protection Agency (EPA) and the Corps of…
Five Facts About the Tax Increase Prevention Act of 2014
Today, Pillsbury attorneys Jim Chudy and Brian Wainwright published their advisory titled Five Facts About the Tax Increase Prevention Act of 2014. The Advisory provides an overview of the Tax Increase Prevention Act of 2014 (Division A of H.R. 5771), signed into law by President Obama on December 19, 2014,…