HUD Homeownership Push to Heed Lessons From Crisis, Castro Says
January 14, 2015 —
Clea Benson – BloombergNow that regulators have fixed the worst abuses of the 2008 credit crisis, it’s time to start promoting homeownership again, according to the top U.S. housing official.
The Department of Housing and Urban Development will do its part, spending this year focusing on ways to help more Americans buy homes, HUD Secretary Julian Castro said today in a Washington speech outlining the agency’s priorities.
Read the court decisionRead the full story...Reprinted courtesy of
Clea Benson, BloombergMs. Benson may be contacted at
cbenson20@bloomberg.net
Contractors Set to Implement Air Quality Upgrades for Healthier Buildings
April 12, 2021 —
Nate Echtenkamp - Construction ExecutiveAs people spend more time in offices, stores and other buildings, and colder weather forces many outdoor activities to be held indoors during the COVID-19 pandemic, construction contractors are increasingly being asked by building owners and operators to provide various mitigation strategies to improve indoor air quality to help occupants avoid being exposed to lingering airborne viral particles.
Lowering the concentration of SARS-CoV-2 and other pathogens in enclosed public spaces is of the utmost importance nowadays given that Americans, on average, spend nearly 90% of their time indoors, according to the EPA.
It’s fairly common knowledge that the best way to avoid infection is to follow guidelines issued by the Centers for Disease Control and Prevention that include:
- wearing masks or other face coverings;
- frequent hand-washing;
- physical distancing of at least six feet; and
- deep-cleaning procedures.
Reprinted courtesy of
Nate Echtenkamp, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
Read the court decisionRead the full story...Reprinted courtesy of
World-Famous Architects Design $480,000 Gazebos for Your Backyard
December 10, 2015 —
Katya Kazakina – BloombergStar architects known for dreaming up museums, concert halls, and stadiums are aiming to bring high design into a much more pedestrian segment: prefabricated, mixed-use structures.
If you don't want to spring for one of Zaha Hadid's $50 million penthouses, you can now have your own outdoor dining pavilion by the Pritzker Prize winner. Price tag: $480,000.
Made with wood, stainless steel, and aluminum, the curvy piece comprises a platform and a sprawling, perforated canopy, resembling a giant mushroom straight out of Alice in Wonderland. (This is a Hadid, after all.) It will be made in an edition of 24.
Read the court decisionRead the full story...Reprinted courtesy of
Katya Kazakina, Bloomberg
Three Payne & Fears Attorneys Named 2024 Southern California Super Lawyers Rising Stars
June 17, 2024 —
Payne & Fears LLPWe congratulate our Payne & Fears attorneys named 2024 Southern California Super Lawyers Rising Stars in the following practice areas:
Employment & Labor
Blake A. Dillion
Business Litigation
Leilani L. Jones
Employment Litigation: Defense
Tyler B. Runge
Read the court decisionRead the full story...Reprinted courtesy of
Payne & Fears LLP
OSHA Updates: You May Be Affected
July 19, 2017 —
Louis “Dutch” Schotemeyer – Newmeyer & Dillion LLPGovernor Brown Signs Legislation Increasing Cal/OSHA Fines
Cal/OSHA has increased its maximum fines for the first time in more than twenty years pursuant to legislation recently signed into law by Governor Brown. The changes nearly double the maximum fines and have brought California in line with the Federal standard. The increase in fines will not be isolated to this year, as fines will now be automatically increased annually based on the percentage increase in the Consumer Price Index for All Urban Consumers (CPI-U). Additionally, any employer who repeatedly violates any occupational safety or health standard, order, or special order, or Section 25910 of the Health and Safety Code, can no longer receive any adjustment of a penalty assessed based on the good faith or the history of previous violations. Such adjustments were previously commonplace.
Specific increases are listed below (all increases refer to maximum fines, Cal/OSHA has discretion as to the amount of the fine when issuing the citation):
- Section 6427 of the Labor Code was amended to increase fines, not of a serious nature, from $7,000 for each violation to $12,471 for each violation.
- Section 6429 of the Labor Code has increased fines for repeat violations; raising the maximum fine from $70,000 to $124,709 for each violation. Additionally, Section 6429 also raised the minimum fine for repeat violations from $5,000 to $8,908.
- Section 6431 raised fines for posting or recordkeeping violations from $7,000 to $12,471 per violation.
Full text of the penalty section of the labor code may be found
here
California OSHA Emergency Action Plan elements revised; California now more consistent with Federal Standards
Revisions to General Safety Orders section 3220(b) became effective on June 5, 2017 and contain two minor changes for California employers with regards to Emergency Action Plans (EAP).
The first change requires that an employer’s EAP be more detailed in describing the type of evacuation that is to be performed, not just the route for an evacuation. The previous element of the EAP simply required that the plan contain, “[e]mergency escape procedures and emergency escape route assignments.” The current element of the EAP requires that, “[p]rocedures for emergency evacuation, including type of evacuation and exit route assignments,” be identified.
The second change clarifies the language surrounding employees performing rescue or medical duties. Previously the only requirement in the EAP regarding rescue and medical duties was for employees that performed rescue and medical duties. The current version requires that the EAP contain, “[p]rocedures to be followed by employees performing rescue or medical duties. The use of the word and created potential gaps in plans as it is likely that employees may not be performing both rescue and medical duties, instead performing just rescue or medical duties. Plans must now include procedures to be followed by employees who perform either rescue or medical duties.
It is recommended that your EAP be in writing and updated to comply with the revised General Safety Orders section 3220. The full text of General Safety Orders section 3320 can be seen
here. Please contact us if you would like further details regarding your Emergency Action Plan.
Deadline for Electronic Submission of OSHA 300 Log Records for Injuries and Illnesses Delayed
On May 12, 2016, the Federal Occupational Safety and Health Administration (OSHA) published a rule entitled “Improve Tracking of Workplace Injuries and Illnesses” which required certain employers subject to Federal OSHA regulations to submit the information from their completed 2016 Form 300A to OSHA via electronic submission no later than July 1, 2017. On June 28, 2017, OSHA, via a
Notice of Proposed Rule Making, has proposed a December 1, 2017 deadline for the electronic reporting; the electronic reporting system is scheduled to be available on August 1, 2017.
Per the California Department of Industrial Relations, California employers are not required to follow the new requirements and will not be required to do so until "substantially similar" regulations go through formal rulemaking, which would culminate in adoption by the Director of the Department of Industrial Relations and approval by the Office of Administrative Law.
Cal/OSHA drafted a proposed rulemaking package to conform to the revised federal OSHA regulations by amending the California Code of Regulations, title 8, sections 14300.35, 14300.36, and 14300.41; these are currently under review with the State.
It is currently unclear what, if any, impact the delay by OSHA will have on the proposed amendments to the California Code.
We will keep you posted as to the changes in California recordkeeping requirements. Please contact Louis “Dutch” Schotemeyer with any questions regarding Cal OSHA or your safety program. Dutch is located at Newmeyer & Dillion’s Newport Beach office and can be reached at dutch.schotemeyer@ndlf.com or by calling 949.271.7208.
About Newmeyer & Dillion
For more than 30 years, Newmeyer & Dillion has delivered creative and outstanding legal solutions and trial results for a wide array of clients. With over 70 attorneys practicing in all aspects of business, employment, real estate, construction and insurance law, Newmeyer & Dillion delivers legal services tailored to meet each client’s needs. Headquartered in Newport Beach, California, with offices in Walnut Creek, California and Las Vegas, Nevada, Newmeyer & Dillion attorneys are recognized by The Best Lawyers in America©, and Super Lawyers as top tier and some of the best lawyers in California, and have been given Martindale-Hubbell Peer Review's AV Preeminent® highest rating. For additional information, call 949-854-7000 or visit www.ndlf.com.
Read the court decisionRead the full story...Reprinted courtesy of
There’s an Unusual Thing Happening in the Housing Market
October 03, 2022 —
Tracy Alloway - BloombergIt’s no secret that the US housing market has been softening as interest rates rise at the fastest pace in decades.
Higher mortgage rates mean the dramatic growth in home prices that we’ve seen over the past two years is beginning to slow. Sales of new homes recently came in at the weakest monthly level since 2018. Meanwhile, purchase applications are down 20% year-on-year, and so on.
But the rapid pace of rate hikes has also resulted in an interesting statistical anomaly. Months of supply — or the number of months it would take for the existing inventory of homes on the market to sell at the current sales pace — has jumped to 4.1 from a record low of just 2.1 back in January of this year. And, as Morgan Stanley strategist James Egan notes, rarely have we seen an increase of this size.
To some extent, the jump in inventory is to be expected. It’s maths. As sales volume falls while inventories rise, months of supply naturally increases.
But such a jump is intuitively striking, and the key question for housing-watchers is whether the absolute level of inventory — which is still low by many measures, even as homebuilders have ramped up construction since last year — will turn out to be more important than its rate of change. A housing market that is structurally undersupplied is going to be a lot less vulnerable to fewer sales.
Read the court decisionRead the full story...Reprinted courtesy of
Tracy Alloway, Bloomberg
Plaza Construction Negotiating Pay Settlement for Florida Ritz-Carlton Renovation
August 31, 2020 —
Scott Van Voorhis - Engineering News-RecordLionstone Development, owner of the Ritz-Carlton hotel in Miami Beach's South Beach section, began a $90-million renovation in 2017 after damage by Hurricane Irma forced the property's closing. The company reopened the hotel this past January to considerable acclaim in the hospitality industry press.
Scott Van Voorhis, Engineering News-Record
ENR may be contacted at ENR.com@bnpmedia.com
Read the full story... Read the court decisionRead the full story...Reprinted courtesy of
It’s a Jolly Time of the Year: 5 Tips for Dealing with Construction Labor Issues During the Holidays
December 18, 2022 —
Matthew DeVries - Best Practices Construction LawIt’s that time of year again – the holiday season is upon us, and for those in the construction industry, that can mean a few extra challenges when it comes to maintaining efficiency on the job site.
Here are five best practices for dealing with labor during the holiday season:
- Communicate early and often: Make sure to clearly communicate any changes to the schedule or workload to your team as early as possible. This will give them time to plan and prepare, and help prevent any potential issues from arising.
- Offer incentives: Consider offering incentives to encourage your team to stay focused and productive during the holiday season. This could be something as simple as a bonus or extra time off, or something more creative like a gift card or other prize.
- Stay organized: The holiday season can be a busy time, so it’s important to stay organized and on top of your schedule. This means keeping track of deadlines, delegating tasks effectively, and staying in close communication with your team.
Read the court decisionRead the full story...Reprinted courtesy of
Matthew DeVries, Burr & Forman LLPMr. DeVries may be contacted at
mdevries@burr.com