California’s Skilled and Trained Workforce Requirements: Public Works and AB 3018, What You Need to Know
December 09, 2019 —
Brenda Radmacher & Nicholas Krebs - Gordon & Rees Construction Law BlogDo you have the proper skilled and trained workforce for your construction projects? If you take on public works projects in California, you may not be in compliance with the new changes in the law. To avoid civil penalties or nonpayment and potentially being precluded from future bids on public works contracts, you must critically review your team and proposal prior to accepting an award. Once awarded a public contact requiring a skilled and trained workforce, diligent reporting practices and oversight are required to maintain compliance.
Compliance with California’s skilled and trained workforce requirements for contractors, engineers, architects, design professionals, and suppliers competing for public works construction projects in California is mandated through enforcement with the enactment of AB 3018. Signed by Governor Brown in his last legislative session, AB 3018 dramatically increased the penalties for non-compliance with the existing skilled and trained workforce requirements in California. The new penalties include civil fines by the Labor Commissioner up to $10,000 per month per non-compliant contractor, disqualification from bidding on future public works contract, and withholding of payment for delinquent contractors. This update provides information on California’s skilled and trained workforce requirements, identifies key issues on compliance to avoid penalties, and discusses the impact of enforcement on construction professionals’ business practices.
Reprinted courtesy of
Brenda Radmacher, Gordon & Rees Scully Mansukhani and
Nicholas Krebs, Gordon & Rees Scully Mansukhani
Ms. Radmacher may be contacted at bradmacher@grsm.com
Mr. Krebs may be contacted at nkrebs@grsm.com
Read the court decisionRead the full story...Reprinted courtesy of
Rise in Home Building Helps Other Job Sectors
December 11, 2013 —
CDJ STAFFWith home building on the rebound, the latest jobs report shows that the construction industry has added 17,000 jobs in the last year. But that’s not the only increase in employment that can be credited to the homebuilding industry.
Most homes are built out of wood. That’s why the timber industry was able to create 2,200 new jobs. According to the Wall Street Journal’s Marketwatch, that’s the biggest jump in 16 years. Moving closer to homes, the makers of wood products have added 600 jobs, with five months of increasing employment.
Finally, someone has to sell those homes. There are 2,100 more people working in real estate. Neal Dutta, head of economics at Renaissance Macro Research notes that “from the production of building materials to the construction of homes to the sales of homes, there was a confirmation of an ongoing housing recovery and all despite a sharp back-up in rates.”
Read the court decisionRead the full story...Reprinted courtesy of
#4 CDJ Topic: Vita Planning and Landscape Architecture, Inc. v. HKS Architects, Inc.
December 30, 2015 —
Beverley BevenFlorez-CDJ STAFFIn the above mentioned case, a Texas architectural firm (HKS Architects, Inc.) hired a California design firm (Vita Planning and Landscape Architecture, Inc.) as a sub-consultant, according to
Garret Murai of
Wendel Rosen Black & Dean LLP in a post on his
California Construction Law Blog. After Vita filed a complaint in California against HKS, HKS filed a motion to dismiss on the grounds that the landscape design contract included a “Texas forum selection clause.” The court found in favor of Vita, stating that “section 410.42 precludes enforcement of the forum selection clause requiring Vita to litigate its dispute against HKS in Texas.”
Read the full story...
In their article, “Court of Appeal Opens Pandora’s Box on Definition of ‘Contractor’ for Forum Selection Clauses,”
Haight Brown & Bonesteel LLP attorneys
Abigail E. Lighthart and
David A. Harris also analyzed the Vita case: “The Vita ruling expands the protections by Section 410.42 beyond traditional ‘builders’ to design professionals and architects who do not actually ‘build’ a project. What remains to be seen is whether other courts will take the expansion to cover other groups that are in any way involved in a construction project.”
Read the full story...
Read the court decisionRead the full story...Reprinted courtesy of
Meet D1's Neutrals Series: KENNETH FLOREY
June 12, 2023 —
Marissa L. Downs - The Dispute ResolverCompany: Robbins Schwartz
Office Location: Chicago, IL
Email: kflorey@robbins-schwartz.com
Website: https://www.rsnlt.com/attorneys/kenneth-m-florey/
Law School: DePaul University (JD 1992)
Types of ADR services offered: Mediation, Arbitration, Project Neutral
Affiliated ADR organizations: AAA Panel of Arbitrators and Mediators
Geographic area served: Nationwide
Q: Describe the path you took to becoming an ADR neutral.
A: I’ve been involved in construction litigation my entire career as an attorney, going on 30 years. After being an advocate for all sides to these disputes (owners, contractors, and design professionals), I recognize the immense value of ADR to clients and decided to start shifting my litigation experience and skills to the neutral realm as an arbitrator and mediator.
Read the court decisionRead the full story...Reprinted courtesy of
Marissa L. Downs, Laurie & Brennan, LLPMs. Downs may be contacted at
mdowns@lauriebrennan.com
What is Toxic Mold Litigation?
April 11, 2018 —
Vik Nagpal – Bremer Whyte BlogTo understand what
Toxic Mold Litigation is, it is important to first identify and understand what toxic mold is. Mold is a fungus which is essentially everywhere, and certain types of mold, known as toxic mold, may cause severe personal injuries and/or property damage. Toxic mold refers to those molds capable of producing mycotoxins which are organic compounds capable of initiating a toxic response in vertebrates. Toxic mold generally occurs because of water intrusion, from sources such as plumbing problems, floods, or roof leaks.
It is this ageless life form that has spawned a new species of toxic tort claims and has had legal and medical experts debating the complex health implications that follow. Here is some information as to what toxic mold litigation is and when you should hire a lawyer for toxic mold.
Read the court decisionRead the full story...Reprinted courtesy of
Vik Nagpal Mr. Nagpal may be contacted at
vnagpal@bremerwhyte.com
Warranty of Workmanship and Habitability Cannot Be Disclaimed or Waived Under Any Circumstance
May 01, 2023 —
Jason Feld & Stephanie Wilson - Kahana & Feld LLPArizona residential construction and single-family home production is growing at a rapid pace. And just as fast as the homes are sold, homeowners are constantly seeking warranty repairs from their homebuilders. Despite having strong purchase documents with express warranty language, the Arizona Supreme Court in
Zambrano v. M & RC, II LLC, 254 Ariz. 53 (2022) adopted a bright line rule that regardless of the contract, the implied warranty of workmanship and habitability (“implied warranty”) cannot be disclaimed or waived under any circumstance. The Arizona Supreme Court opinion provides clear guidance of the law in this area on the scope of the implied warranty in contracts between homebuyers and builder/vendors, specifically on the issue of whether an express warranty can negate and effectively waive the common law implied warranty – which is a definitive violation of public policy.
The Zambrano decision involved a licensed real estate broker who bought a new single family home for herself in a newly constructed master planned community in Surprise, AZ. Zambrano entered into a valid sales contract with Scott Homes (homebuilder) which contained a stand-alone 45-page pre-printed form express warranty. The express warranty was to be the “only warranty applicable to the home.” The contract further clarified that the buyer was expressly disclaiming (and, thus, waiving) the implied warranty. The sales documents and express warranty were signed and authorized by Zambrano. A short time later, the home developed alleged “design and construction defects” that were “either time barred or outside the coverage” of the express warranty. Zambrano filed suit for the alleged defects based on the implied warranty. Scott Homes filed summary judgment based on the Zambrano’s waiver and disclaimer of the implied warranty in the purchase agreement. The trial court granted summary judgment and the matter was appealed up to the Arizona Supreme Court.
Reprinted courtesy of
Jason Feld, Kahana & Feld LLP and
Stephanie Wilson, Kahana & Feld LLP
Mr. Feld may be contacted at jfeld@kahanafeld.com
Ms. Wilson may be contacted at swilson@kahanafeld.com
Read the court decisionRead the full story...Reprinted courtesy of
Texas Supreme Court Authorizes Exception to the "Eight-Corners" Rule
February 28, 2022 —
Jared De Jong, Nathan A. Cazier & Scott S. Thomas - Payne & FearsFor decades, an insurer’s duty to defend under Texas law was determined exclusively by reviewing the insurance contract and the allegations of the complaint under the “eight-corners rule.” All of this changed last week when, in a long-awaited decision, the Texas Supreme Court ruled that courts may consider extrinsic evidence to determine the existence of coverage in certain limited situations. Monroe Guar. Ins. Co. v. BITCO Gen. Ins. Corp., No. 21-0232, 2022 WL 413940 (Tex. Feb. 11, 2022).
In Monroe, a drilling contractor was sued for damages arising out of the allegedly botched drilling of an irrigation well. The underlying lawsuit alleged that negligent drilling caused damage to surrounding farmland. However, the complaint did not allege when the damage occurred. The contractor’s insurers, BITCO General Insurance Corporation (“Bitco”) and Monroe Guarantee Insurance Company (“Monroe”) disputed whether Monroe owed a duty to defend. Although Bitco agreed to provide a defense, Monroe refused, arguing that the property damage happened before its policy period. Bitco sued Monroe for contribution. In the trial court, the insurers stipulated that a drill bit became stuck before Monroe’s policy incepted, a fact that would have supported Monroe’s “prior damage” defense. On summary judgment, though, the trial court ruled this stipulated fact could not be considered under Texas’ eight-corners rule. Monroe appealed, and the Fifth Circuit, which had previously endorsed an exception to the eight-corners rule under Northfield Insurance Co. v. Loving Home Care, Inc., 363 F.3d 523, 531 (5th Cir. 2004), certified the question to the Texas Supreme Court.
Reprinted courtesy of
Jared De Jong, Payne & Fears,
Nathan A. Cazier, Payne & Fears and
Scott S. Thomas, Payne & Fears
Mr. Jong may be contacted at jdj@paynefears.com
Mr. Cazier may be contacted at nac@paynefears.com
Mr. Thomas may be contacted at sst@paynefears.com
Read the court decisionRead the full story...Reprinted courtesy of
Contractor Not Liable for Flooding House
October 02, 2013 —
CDJ STAFFKnife River Corp was hired by the town of Post Falls, Idaho to do road and sewer construction work. In the process, they interrupted a 6-inch water supply line, sending the water into a wastewater line. From there, the water flooded a home in Post Fall. The city paid more than $7,800 in damages.
Post Falls sued Knife River’s insurer for coverage. The city has lost its lawsuit and is responsible for $18,500 in attorneys’ fees. Despite all this, the city administrator says that the city still has a good working relationship with Knife River.
Read the court decisionRead the full story...Reprinted courtesy of