CSLB Reminds California Public Works Contractors to Renew Their Public Works Registration
October 02, 2015 —
Garret Murai – California Construction Law BlogA friendly reminder from the Contractors State License Board . . .
CSLB Urges Public Works Contractors to Renew Dept. of Industrial Relations Registration before October 1 to Avoid Hefty Penalty
SACRAMENTO — A mandatory renewal deadline is approaching for licensees who work on public works projects. Contractors whose registration with the California Department of Industrial Relations (DIR) expired June 30, 2015, and have ongoing public works projects or plan to bid on new ones, must pay the $300 renewal fee
before October 1, 2015, or face an additional $2,000 late penalty after that date.
As a result of
Senate Bill (SB) 854, all contractors have been required since April 1, 2015, to register with DIR to be awarded a public works contract, even if the project did not go out to bid.
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Garret Murai, Wendel Rosen Black & Dean LLPMr. Murai may be contacted at
gmurai@wendel.com
Eminent Domain Bomb Threats Made on $775M Alabama Highway Project
July 03, 2022 —
Derek Lacey - Engineering News-RecordMultiple bomb threats have been made against Alabama transportation officials, law enforcement and others in reaction to eminent domain plans for a major highway expansion project.
Reprinted courtesy of
Derek Lacey, Engineering News-Record
Mr. Lacey may be contacted at laceyd@enr.com
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Pinnacle Controls in Verano
February 21, 2013 —
CDJ STAFFThe California Court of Appeals has applied the California Supreme Court’s recent Pinnacle decision to a new case, Verano Condominium Association v. La Cima Development. As in Pinnacle, La Cima sought to compel arbitration of construction defect claims with a homeowners association. The trial court denied La Cima’s attempt to compel arbitration on the grounds that the arbitration agreement was made with the individual homeowners and not the homeowners association. Further, it was determined that the CC&Rs “were unenforceable due to unconscionability.”
La Cima appealed, and the appeals court affirmed in part and reversed in part. After Pinnacle, La Cima sought a review. The Supreme Court of California directed the appeals court to vacate their earlier decision and reconsider, based on Pinnacle.
The Fourth Circuit Court has concluded that this conflicted with the ruling in Pinnacle. There, as in Verano, homeowners signed agreements that disputes with the developer would be settled through binding arbitration. The appeals court had found for the community association, but on review, the California Supreme Court reversed this decision.
The California Court of Appeals had two issue to consider in this review: whether the arbitration provisions applied to the homeowners association, and whether these provisions were unconscionable. The court concluded that “in light of Pinnacle it is clear the arbitration provisions set forth in the Verano CC&Rs constitute a valid agreement to arbitrate.” On the second question, the Verano CC&Rs were described by the court as “materially indistinguishable” from those in the earlier case. As the state Supreme Court found that those were not unconscionable, clearly neither were these.
The case was remanded for further proceedings and La Cima is entitled to recover the costs of the appeal.
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“Made in America Week” Highlights Requirements, Opportunities for Contractors and Suppliers
August 14, 2023 —
Sarah Barney & Amy Hoang - The Construction SeytOn July 21, 2023, President Biden designated July 23-29, 2023, as “Made in America Week.” This proclamation builds on the Biden Administration’s efforts to bolster domestic manufacturing through evolving policies attached to government funds that require contractors and suppliers to feature varying amounts of U.S.-made content in their products and services. To commemorate this week, here is a refresher on “Made in America” and what it means for government contractors and suppliers.
What does “Made in America” mean?
Under Executive Order 14005, the Administration defined “Made in America” laws as “all statutes, regulations, rules, and Executive Orders relating to Federal financial assistance awards or Federal procurement, including those that refer to “Buy America” or “Buy American,” that require, or provide a preference for, the purchase or acquisition of goods, products, or materials produced in the United States, including iron, steel, and manufactured goods offered in the United States.” Generally speaking, “Made in America” or “Buy American” requirements refer to:
- The Buy American Act (BAA) of 1933, establishing domestic sourcing preferences for unmanufactured and manufactured articles, materials, and supplies procured by the federal government for public use, including those used on federal construction contracts;
Reprinted courtesy of
Sarah Barney, Seyfarth and
Amy Hoang, Seyfarth
Ms. Barney may be contacted at sbarney@seyfarth.com
Ms. Hoang may be contacted at ahoang@seyfarth.com
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White and Williams Announces Partner and Counsel Promotions
February 19, 2024 —
White and Williams LLPPHILADELPHIA–White and Williams LLP is pleased to announce the promotion of the following attorneys: Paul A. Briganti, Patrick A. Haggerty, Timothy (T.J.). Keough, Randy J. Maniloff, and Eric A. Sauter. All five attorneys have been promoted to the Firm’s partnership. The Firm has also promoted Michael L. DeBona, Lynndon K. Groff, and Susan J. Zingone from Associate to Counsel.
“All of our new Partners and Counsel enrich the firm both internally and externally. They have demonstrated a deep commitment to providing our clients with best-in-class service and through their dedication and leadership earned elevation to partner and counsel at White and Williams,” said firm Managing Partner Tim Davis. “We look forward to their many continued successes and contributions to the Firm.”
Paul A. Briganti practices out of the Philadelphia office and represents national and international insurance companies in coverage disputes and complex commercial litigation. He has significant experience litigating and advising clients on issues arising under various lines of coverage, including general liability, cyber, D&O, employers liability, commercial auto and homeowners. In addition, Paul is an editor of the firm’s Complex Insurance Coverage Reporter newsletter and a regular pro bono volunteer with the Senior Law Center. He received his J.D. from Villanova University School of Law.
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Texas Approves Law Ensuring Fair and Open Competition
August 20, 2019 —
Nick Steingart - Construction ExecutiveGov. Greg Abbott signed into law Neutrality in State Government Contracting (H.B. 985), which ensures Texas’ entire skilled construction workforce--96% of which does not belong to a labor union--can compete on a level playing field for public works contracts to build projects utilizing state funding or credit. The law, introduced by Rep. Tan Parker and sponsored by Sen. Kelly Hancock, prohibits project labor agreements from being mandated on certain taxpayer-funded construction projects.
Based on the latest data available from the Census Bureau, state and local governments in Texas spent more money on public construction projects than any other state in 2017.
Reprinted courtesy of
Nick Steingart, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
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Mr. Steingart may be contacted at
steingart@abc.org
Brown Act Modifications in Response to Coronavirus Outbreak
March 30, 2020 —
Gregory J. Rolen - Haight Brown & BonesteelGov. Gavin Newsom waived certain provisions of the Bagley-Keene Act and Ralph M. Brown Act to make state and local legislative bodies safer while allowing California public entities to conduct business.
In an effort to promote social distancing and slow the spread of the coronavirus pandemic Gov. Newsom issued Executive Order N-25-20. The Executive Order authorizes state and local legislative bodies, such as school district and county office of education governing boards, to more easily hold public meetings by way of teleconference. The order took further steps to make public meetings accessible to the public via electronic means, including telephone.
The Brown Act generally requires legislative body members, a clerk, or other personnel to be physically present in a meeting in order to participate or establish a quorum. Executive Order N-25-20 temporarily eliminates this requirement. Furthermore, standard Brown Act requirements such as publicly noticing the teleconference location for each meeting participant is also suspended. Clearly, this is an attempt to protect the public, as well as Board members and staff, by temporarily discouraging large group settings in the conduct of the public’s business.
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Gregory J. Rolen, Haight Brown & BonesteelMr. Rolen may be contacted at
grolen@hbblaw.com
D.R. Horton Profit Beats Estimates as Home Sales Jumped
January 28, 2015 —
John Gittelsohn and Prashant Gopal – Bloomberg(Bloomberg) -- D.R. Horton Inc., the largest U.S. homebuilder by revenue, reported fiscal first-quarter earnings that beat estimates as sales jumped. The shares rose the most since October.
Net income was $142.5 million, or 39 cents a share, for the three months ended Dec. 31, compared with $123.2 million, or 36 cents, a year earlier, the Fort Worth, Texas-based company said Monday in a statement. The average of 14 analyst estimates was 35 cents a share, according to data compiled by Bloomberg. Results for the quarter included $6 million in inventory and land option charges, according to the statement.
Reprinted courtesy of Bloomberg reporters
Prashant Gopal and
John Gittelsohn
Mr. Gittlesohn may be contacted at johngitt@bloomberg.net; Mr. Gopal may be contacted at pgopal2@bloomberg.net
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