What You Need to Know About Enforcement Actions by the Contractors State License Board
April 15, 2015 —
Garret Murai – California Construction Law BlogI questioned whether to even write this post.
Because, of course, YOU would never find yourself hightailing it out of town with the California Contractor’s State License Board (“CSLB”) sniffing down your tail pipes.
Then again, mistaken identities occur all the time. So, here’s what you need to know if the CSLB mistakes you for one of “those” contractors.
What violations are subject to CSLB enforcement actions?
The CSLB can take enforcement actions based on any one of numerous violations set forth under the California Business and Professions Code (“B&P Code”), including:
1.
B&P Code §7107: Abandonment of a construction project or operation without legal excuse.
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Garret Murai, Wendel Rosen Black & Dean LLPMr. Murai may be contacted at
gmurai@wendel.com
Testing Your Nail Knowledge
September 03, 2014 —
Beverley BevenFlorez-CDJ STAFFTools of the Trade provided “ten things you probably don’t know about nails.” For instance, “[I]n 2013 the U.S consumed 629,716 tons of steel nails.” Frane, the author of the article, said that if that “many nails were melted down and cast into a block of solid steel, the block would cover the area of a football field to a depth of 45’.” Another fact is that only 21% of nails used in the U.S. were made in the U.S. Furthermore, the leading U.S. supplier of nails is Mid Continent Nail Corporation, and they are located in Poplar, Missouri.
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Workers Compensation Immunity and the Intentional Tort Exception
July 02, 2018 —
David Adelstein - Florida Construction Legal UpdatesIn prior articles, I discussed the benefit of workers compensation immunity for contractors. Arguing around workers compensation immunity under the “intentional tort exception” is really hard – borderline impossible, in my opinion. Nevertheless, injured workers still make an attempt to sue a contractor under the intentional tort exception to workers compensation immunity. Most fail based on the seemingly impossible standard the injured worker must prove to establish the intentional tort exception. A less onerous standard (although certainly onerous), as a recent case suggests, appears to be an injured worker suing a co-employee for the injury.
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David Adelstein, Florida Construction Legal UpdatesMr. Adelstein may be contacted at
dadelstein@gmail.com
Zero-Net Energy Homes Costly Everywhere but at the Electric Meter
August 27, 2013 —
CDJ STAFFOn one hand, your walls are about nine inches thick. On the other hand, your heating and cooling costs are nonexistent. Greenhill Contracting is building “zero-net energy” homes in New Paltz, New York. The homes are designed to create more power than they consume. In addition to the walls, which WDTN News describes as “castle thick,” the homes include solar panels, triple-glazed windows, and geothermal heating and cooling systems. The cost for a three-bedroom home in this development starts at about $400,000.
Meritage Homes is offering net-zero as an option on its homes. Based in Arizona, Meritage builds homes across the country. Another national builder, Shea Homes, calls its net-zero option “SheaXero,” and has built about a thousand in four western states and in Florida. One Arizona homeowner notes that she runs her air conditioner constantly, but “I still have never paid more than $18 and some change.” Sometimes she even gets a credit.
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Contractor Manslaughter? Safety Shortcuts Are Not Worth It
August 11, 2011 —
Douglas Reiser, Builders Council BlogIt’s been a while since I discussed the importance of safety. But, a recent article on ENR.com compelled this brief article. Don’t shortcut safety — you could be facing serious criminal repercussions.
A New York crane company owner and one of his employees are each facing a second-degree manslaughter charge for the death of two construction workers.  The charges stem from the collapse of a crane in New York City. The district attorney determined that the crane owner cut a few corners to reduce its operation costs, significantly sacrificing safety.
Another example was the 2010 trial of another New York crane operator who was charged with manslaughter. In that case, the criminal charges failed to stick, but an administrative judge found that the contractor used a damaged sling to support the steel collar binding the tower-crane mast to the 18th floor of a high-rise building being constructed. The company also used four slings instead of the eight, as specified by the crane manufacturer; improperly attached the slings and failed to pad or soften them.
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Reprinted courtesy of Douglas Reiser of Reiser Legal LLC. Mr. Reiser can be contacted at info@reiserlegal.com
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Chinese Brooklyn-to-Los Angeles Plans Surge: Real Estate
April 01, 2014 —
Nadja Brandt and John Gittelsohn – BloombergIt took just one 15-minute phone call in July to persuade Ifei Chang to join Shanghai-based developer Greenland Holding Group Co. and lead a U.S. expansion. Within three months, she was running $6 billion of projects as part of a record push by Chinese investors into American property.
Greenland reached a preliminary agreement in October to buy a 70 percent stake in the $5 billion Atlantic Yards development in Brooklyn, New York. That followed a July deal to acquire a $1 billion residential-and-entertainment project in downtown Los Angeles. Chang, who took charge of that site upon arriving in the U.S., is now on the hunt for more investments.
“In China, you climb a ladder where everything is floating and moving so fast,” Chang, 49, said in an interview at her sparsely furnished 46th-floor L.A. office overlooking the empty lot where the Metropolis project will be built. “We come from a country of 1.4 billion people and a lot of economic growth. This kind of project and investment speed is very normal in China. That’s why we are so confident we will deliver this project.”
Greenland, like other Chinese companies, is committing to a growing number of multibillion-dollar developments outside of its home market. Chinese investments in U.S. commercial properties jumped almost 10-fold last year from 2012, with Manhattan the biggest area for purchases, followed by other New York City boroughs and Los Angeles, according to research firm Real Capital Analytics Inc.
Ms. Brandt may be contacted at nbrandt@bloomberg.net; Mr. Gittelsohn may be contacted at johngitt@bloomberg.net
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Nadja Brandt and John Gittelsohn, Bloomberg
Labor Shortages In Construction
December 04, 2023 —
Jason Feld & Chris Bates - Kahana FeldSimilar to other industries, the ongoing labor shortage crisis in the United States is detrimentally impacting construction activities in both the residential and commercial sector. According to the Bureau of Labor Statistics, the turnover rate for the construction industry since 2021 has risen to 56%. And while the national unemployment rate ranges between 0.4% to 7.5%, the unemployment rate for construction is roughly four times the national average (See, Associated Builders and Contractors, Markenstein Advisors Report dated July 28, 2023). 73% of workers preferred to stay in a remote work environment, and another 40% of the global workforce has elected to voluntarily remove themselves from the workplace. (See, 2021 Microsoft Work Index). In particular with the construction industry, employment rates have returned to pre-pandemic levels hovering around 12% unemployment in 2020 to 6% in 2022. (See, Joint Center for Housing Studies at Harvard University, Carlos Martin).
So where did all the workers go? During the height of the 2020 Covid-19 Pandemic and for the next few years, the county experienced what most people are calling “The Great Resignation”. May people took jobs with better pay and better alignment with their values. Approximately 40% stated a new business. Many elected to become stay-at-home parents forgoing a paycheck to raise their families while the other spouse works, especially due to the rising costs of childcare. About 1 in every 4 baby-boomers retired. Others took part-time employment, entered military service or left the workforce due to disability or injury. (See, Bloomberg Businessweek).
Reprinted courtesy of
Jason Feld, Kahana Feld and
Chris Bates, Kahana Feld
Mr. Feld may be contacted at jfeld@kahanafeld.com
Mr. Bates may be contacted at cbates@kahanafeld.com
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Curtain Wall Suppliers Claim Rival Duplicated Unique System
February 28, 2022 —
Annemarie Mannion - Engineering News-RecordChicago-area construction material suppliers that hold patents for a curtain wall system used in high-rise construction projects are suing a rival, claiming it created a knock-off of the system based on a former employee’s knowledge and put the system to use on construction projects.
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Annemarie Mannion, Engineering News-Record
ENR may be contacted at enr@enr.com
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