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Gravel2Gavel Construction & Real Estate Law Blog

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CSLB Enforcement Division Reinforcing HVAC Scam Zero-Tolerance Policy

In the California Contractors State License Board’s (CSLB) Summer 2014 Message from the Board Chair, the CSLB’s new Board Chair David Dias voices his concern about the increasing number of consumer complaints alleging predatory practices by C-20 Warm-Air Heating, Ventilating and Air-Conditioning (HVAC) contractors. Reportedly, vulnerable consumers are being taken…

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7th Circuit Rejects Substantive Due Process Challenge to Wisconsin Supreme Court Special Tort Liability Doctrine

In an unusual case, the US Court of Appeals for the Seventh Circuit held, in Gibson v. American Cyanamid Co., et al., that the Wisconsin Supreme Court’s “risk contribution theory” would apply to the manufacturers of lead pigments that were added to commercial paint products until their use was banned…

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California Supreme Court provides a Beacon of hope for condominium association claims against design professionals

In an opinion filed July 3, 2014, the California Supreme Court provided some clarification to California law concerning an architect’s liability to foreseeable third-party purchasers of residential units for design errors and omissions. In Beacon Residential Community Association v. Skidmore, Owings & Merrill LLP (July 3, 2014) ____Cal.4th ____; 2014…

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Demolition For Sacramento Kings New Arena Scheduled To Commence By Month End

UPDATE: Sacramento Business Journal, March Madness coming to Sacramento for the first time since 2007 (Nov. 17, 2014) ~ The Sacramento Business Journal confirmed that “[o]n Monday, the National Collegiate Athletic Association said Sacramento will host the first two rounds of the 2017 Division I Men’s Basketball Tournament in the…

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New EEOC Developments Expand Employers’ Pregnancy Accommodation Obligations

Today, Pillsbury attorneys Julia Judish and Teresa Lewi published their advisory titled New EEOC Developments Expand Employers’ Pregnancy Accommodation Obligations. The Advisory discusses the Equal Employment Opportunity Commission’s recent overhaul of its guidance on pregnancy discrimination issues–broadening anti-discrimination coverage and cautioning employers on their obligation to provide reasonable accommodations to…

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Texas Court Upholds Arbitration Award in Bitterly-Disputed South Texas Oil and Gas Contamination Dispute

The First Court of Appeals, sitting in Houston, has affirmed the decision of an arbitration panel which had ruled in favor of the claims for personal injury and property damages resulting from Forest Oil Corporation’s oil and gas exploration and production activities on the McAllen Ranch in South Texas. The…

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Texas Court of Appeals rules that courts have no jurisdiction over agency’s refusal to promulgate new rules, and sidesteps discussion on the public trust doctrine

The Austin Court of Appeals issued an interesting ruling on whether the courts in Texas have the power to review an agency’s refusal to engage in rulemaking. In Texas Commission on Environmental Quality v. Bonser-Latin, et al., the Court of Appeals agreed with TCEQ that the lower court had no…

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Operative August 28: Revised Missouri Public Prompt Payment Act

On June 20, 2014, Missouri Governor signed into law Senate Bill 529. The Act revises and expands the scope of the Missouri Public Prompt Payment Act and the law relating to public works projects. The revised provisions are operative August 28, 2014. Of note, under existing law, all public works…

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New Federal Advisory Act Ruling: Court Finds Advisory Committee Report “Suspect and Untrustworthy”

Judge Richard J. Leon of the US District Court for the District of Columbia has ruled that a federal advisory committee appointed by the FDA to issue a report consistent with the agency’s new authority over the sale of tobacco products was illegally constituted. Three of the voting committee members…

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Operative July 18: Revised Nebraska Construction Prompt Pay Act

In mid-April 2014, Nebraska Governor signed into law Legislative Bill 961. Of note, it includes revisions to the Nebraska Construction Prompt Pay Act. The Act is set forth in Nebraska Revised Statutes §§ 45-1201 to 45-1210 and Section 8 of L.B. 961. The revised provisions are operative July 18, 2014.…