In LAN/STV, a Joint Venture of Lockwood, Andrews & Newman, Inc. v. Martin K. Eby Construction Company, Inc., the Texas Supreme Court considered “whether the rule permits a general contractor to recover the increased costs of performing its construction contract with the owner in a tort action against the project…
UPDATES: Ayala v. Antelope Valley Newspapers Inc., ___ Cal. ___ (Jul. 1, 2014)–California Supreme Court clarifies the test for independent contractor status; Ruiz v. Affinity Logistics Corp., 2014 BL 166620, No. 12-56589 (9th Cir. Jun. 16, 2014)–Ninth Circuit found “overwhelming evidence” that the defendant controlled details of the delivery drivers’…
The U.S. Supreme Court has agreed to review two decisions of the DC Circuit, which held that “when an agency has given its regulation a definitive interpretation, and later significantly revises that interpretation, the agency has, in effect amended its rule, something it may not accomplish [under the Administrative Procedure…
Recently, Starbucks has been in the news for “giving its baristas a shot at an online college degree.” Starbucks has reportedly team upped Arizona State University to offer certain of its employees access to an online undergraduate degree available at a steep discount (the “Starbucks College Achievement Plan”). Starbucks and…
Beginning in the fall of 2014, the University of Texas at Arlington plans to offer a new Master of Construction Management (MCM) degree with an option to take courses online to help meet industry demand in Texas, especially in the thriving North Texas region. It will focus on management of…
Most of us relish Fridays, but the opposite holds true for Mondays. Inc.com came up with a list of 7 Things You Can Do on Friday to Make Monday Awesome. I’m game. Are you? Here’s Inc.com’s list: Set up some exciting contacts Organize the week Get one thing off your…
The Supreme Court has issued its decision in the case of CTS Corp. v. Waldburger, et al., __ S. Ct. __ (June 9, 2014), argued April 23, 2014. The Court (Justice Kennedy) reversed the Fourth Circuit, which had held that CERCLA Section 9658 also preempted state “statutes of repose” as…
We have previously written regarding critical repairs and updates needed for the Nation’s aging infrastructure. We have also noted the need for private investment to get these capital-intensive infrastructure projects off the ground. An Act recently passed with strong bipartisan support by Congress and expected to be signed into law…
Enhancing the quality of life and economic opportunity in any region will require investments in social infrastructure–facilities for civic life, health care, education, and social services–as well as transportation infrastructure–transit, highways, surface streets, and parking. These projects entail considerable risks in design, approval, and execution, and must compete with investments…
UPDATE: Arc Fault Circuit-Interrupter (AFCI) and Ground Fault Circuit-Interrupter (GFCI) Protection — Effective July 1, 2014, Washington will require Arc Fault Circuit-Interrupter Protection (AFCI) as specified in the 2014 National Electrical Code (NEC). Proposed rule changes to Washington Administrative Code § 296-46B were adopted on May 20, 2014 and will…