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Gravel2Gavel Construction & Real Estate Law Blog

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PA Amends Mechanic’s Liens Law

On July 9, 2014, Pennsylvania Governor Tom Corbett signed into law Senate Bill 145 (aka “Act 117”), amending Pennsylvania’s Mechanics’ Lien Law of 1963. Act 117 is effective September 7, 2014. Among other things, Act 117 provides that, any lien obtained under the Act by a contractor or subcontractor is…

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IL Governor Signs Bill to Limit Use of Payroll Cards

On August 6, Illinois Governor Pat Quinn signed into law House Bill 5622, a bill amending the state Wage Payment and Collection Act, 820 Ill. Comp. Stat. §§ 115, et seq., and barring employers from making the use of payroll cards a condition of employment and preserving workers’ right to…

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Significant Superfund Ruling: 9th Circuit Rejects De Minimis CERCLA Settlements

Over a strong dissent, the U. S. Court of Appeals for the Ninth Circuit rejected the lower court’s approval of several proposed de minimis consent decree settlements. The Arizona Department of Environmental Quality (ADEQ) had negotiated these settlements with a number of potentially responsible parties (“PRPs”) at the Broadway-Patano Landfill,…

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The ADA and Private Professional Certification

Today, Pillsbury attorneys Jerry Jacobs, Julia Judish, and Dawn (Crowell) Murphy issued their advisory titled The ADA and Private Professional Certification. Their Advisory discusses Title III of the Americans with Disabilities Act (ADA), as amended, which mandates that private entities offering examinations or courses related to certain applications, licensing, certification,…

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Zurich Seeks to Assert Unprecedented Control over Defense Counsel

Zurich has updated its “Litigation Management Guidelines” to give the insurer an unprecedented level of control over defense counsel’s activities. The new Guidelines adopt the Recommended Case Handling Guidelines for Insurers created by The Defense Research Institute, and also append an extensive Addendum covering business policies, expense and professional fee…

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Ohio Supreme Court Announces Rule for Pay-if-Paid Provisions

Last month, in its decision in Transtar Electric, Inc. v. A.E.M. Electrical Services, Corp., Slip Opinion No. 2014-Ohio-3095, the Ohio Supreme Court ruled that the inclusion of term “condition precedent” in a contractual payment provision was an explicit statement of the parties’ intent to transfer the risk of the project…

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Significant 5th Circuit Ruling On Preenforcement Clean Water Act Review Under US v. Sackett, Holding Corps of Engineers’ Judicial Determination Not A Final Agency Action

In the case of Belle Company, L.L.C., et al., v. U.S. Army Corps of Engineers, decided July 30, 2014, the US Court of Appeals for the Fifth Circuit affirmed the lower court’s decision to dismiss a lawsuit challenging the Corps issuance of a wetlands jurisdictional determination (JD) on several grounds.…

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CA: Public Works Contractors Online Application System

Recently enacted law establishes a new public works program to replace the Compliance Monitoring Unit and Labor Compliance Program requirements for bond-funded and other public works projects. Effective July 1, 2014, the California Department of Industrial Relations‘ (DIR) program covers all bond-funded and public works projects in the state rather…

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CSLB: California 2014 Legislative Bills That Could Impact Contractors

UPDATE: *S.B. 315, Sep. 17, 2014, Governor signed into law *S.B. 1159, Sep. 28, 2014, Governor signed into law *A.B. 26, Sep. 30, 2014, Governor signed into law *A.B. 1702, Sep. 18, 2014, Governor signed into law *A.B. 1705, Sep. 27, 2014, Governor signed into law *A.B. 1870, Sep. 30,…

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Minnesota Minimum Wage Increase ~ August 1, 2014, 2015, 2016 and Beyond

A Minnesota bill contemplating minimum wage increases (Minnesota H.F. 2091) was signed into law on April 14, 2014, and is effective August 1. It contemplates minimum wage increases commencing on August 1 and continuing thereafter. Except as otherwise provided in the Minnesota Fair Labor Standards Act, Minn. Stat. §§ 177.21…