Articles Posted in Construction Generally

The effective date of certain sections of the Florida Building Code (5th Edition) have been delayed by the Florida Legislature until June 30, 2016.  The sections are:

(a)  Mandatory blower door testing for residential buildings or dwelling  units as contained in Section R402.4.1.2 of the Florida Building Code, 5th Edition (2014) Energy Conservation Volume;

(b)  A second fire service access elevator as contained in Section 403.6.1 of  the Florida Building Code, 5th Edition (2014) Building Volume; and

(c)  Mechanical ventilation for residential buildings or dwelling units as  contained in Section R303.4 of the Florida Building Code, 5th Edition (2014)  Residential Volume.

Additional Source:  Florida Senate Bill 2502-A; Florida Department of Business & Professional Regulation

On September 8, 2015, the U.S. Court of Appeals for the Ninth Circuit issued a ruling interpreting the Information Quality Act (IQA) and its implementation by two federal agencies—the Office of Management and Budget (OMB) and the Department of Justice (DOJ).  The case is W. Scott Harkonen, M.D., v. U.S. Department of Justice; U.S. Office of Management and Budget.  The question before the Court of Appeals was whether the Administrative Procedure Act and the IQA “confer the right to judicial review of a federal agency’s refusal to correct allegedly false or misleading information published by the agency in a press release”.  Affirming the district court, the Court of Appeals held that Dr. Harkonen could not obtain judicial review of an allegedly erroneous press release.  According to the Ninth Circuit, the IQA does not establish any standard to measure the accuracy of, for example, statements made in a press release.  The decision is significant because there have been so few decisions interpreting the IQA and, moreover, because  government agencies make extensive use of press releases in their day-to-day operations.

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California Governor Edmond G. (Jerry) Brown Jr. recently signed into law Senate Bill 633 (Hill), a bill that modernizes California’s “Made in U.S.A.” labeling standard to reflect the real-world market in which companies make products using components from around the globe. Continue Reading ›

Starting January 1, 2016, New Hampshire will require persons who perform residential “mold assessment” services for remuneration to possess a valid national “third party certification” for mold assessment. Under the new law, any professional hired by a homeowner, in which the primary work contracted for is not mold assessment, will be exempt from the certification requirement.
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On July 29, 2015, Illinois Governor Bruce Rauner signed into law House Bill 2635 to amend Illinois’ Mechanic’s Lien Act (Act) to permit the substitution of an “eligible surety bond,” as defined, for a mechanic’s lien.  The new law expressly contemplates that a person may file a petition to substitute a bond for the lien on a property with the court of the county in which the property is located, and if there is a pending mechanic’s lien foreclosure action, the application may be filed at any time prior to 5 months after the filing of the mechanic’s lien foreclosure action complaint or counterclaim by a mechanic’s lien claimant.  If the court finds that an eligible surety bond has been posted, it is required to issue an order (1) substituting the bond for the property securing the lien claim; and (2) substituting the lien claimant’s right to recover on the bond for the lien claimant’s causes of action that could be asserted under Section 9, 27, or 28 of this Act. The new laws is effective January 1, 2016.

Yesterday, Pillsbury attorney Robert Wallan published his client alert titled In Reversal, California Supreme Court Allows Assignment of Coverage for Liability Claims.  The Alert discusses the California Supreme Court’s reversal of its own heavily criticized decision in Henkel Corp. v. Hartford Accident & Indem. Co. (2003) 29 Cal. 4th 934.  The case is Fluor Corp. v. Superior Court.  The California Supreme Court announced that its rule against assignment, set forth in Henkel, must be reversed because the earlier decision failed to consider a 19th-century statute that dictates a ruling favoring assignability.

Today, Pillsbury attorneys Mark Jones, and Jessica Lutrin published their client advisory titled SEC Adopts Final Pay Ratio Disclosure Rules.  The Advisory discusses the SEC’s adoption of its Final Rule under the Dodd-Frank Act to require U.S. public companies to disclose the ratio of the annual total compensation of their principal executive officer to the median annual total compensation of all employees.

Additional Source, SEC Proposes Pay Ratio Disclosures

UPDATE: Cal/OSHA Cites Two Employers More Than $300,000 for Exposing Workers to Cave-In Hazards after Stop-Work Order Issued

Recently, Cal/OSHA issued a News Release confirming that its criminal investigation into a cave-in death of a day laborer in late January 2012 has resulted in a 2-year prison sentence for both the employer and the project manager for involuntary manslaughter.  Christine Baker, Director of the Department of Relations (DIR) warns:  “California employers must provide workers with the necessary protection and training so they can do their jobs safely… When our investigations uncover negligent behavior by employers, we exercise our full jurisdiction to protect workers – including referrals to district attorneys for prosecution.” Cal/OSHA Chief Juliann Sum joined in, warning:  “When preventable deaths occur on the job, employers must be held accountable.”

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