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Articles Posted in Construction Generally

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SEC’s Conflict Minerals Rule Again Held to be Unconstitutional

In the latest ruling in the case of National Association of Manufacturers, et al., v. SEC, a divided panel of the U.S. Court of Appeals for the District of Columbia held today that the Secuiety and Exchange Commission’s “conflict minerals” rule’s compelled disclosures—affecting the acquisition of certain minerals produced in the…

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Worker’s Death Results in Prison Term for Construction Company Owner and Project Manager

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…

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Timing is Everything: 9th Cir. Affirms IRS’ Disallowance of Charitable Deduction for Conservation Easement

In Minnick, et al., v. Commissioner of Internal Revenue, decided on August 12, 2015, involves conservation easements.  The U.S. Court of Appeals for the Ninth Circuit affirmed the U.S. Tax Court’s decision that disallowed a charitable deduction under Treasury Regulation § 1.170A-14(g)(2) claimed by the taxpayers for the donation of…

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DC Court of Appeals Revisits Attorney-Client Privilege/Work Product Doctrine for Internal Corporate Investigation

For the second time in two years, the U.S. Court of Appeals for the District of Columbia Circuit, in an important attorney-client privilege case,  has issued a Writ of Mandamus to protect the contents of an internal corporate investigation that was led by the company’s lawyers.  The case is In…

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NASCLA Unites Nine States to Stage Stings Targeting Violations of Contractors’ Laws

Recently, the National Association of State Contractors Licensing Agencies coordinated a national sting operation carried out June 15-26, 2015 “to elevate consumer protection and deter illegal construction practices.”  Nine states participated in the effort to combat what is commonly referred to as the underground economy:  Arizona, California, Florida, Nevada, Rhode Island, South…

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District Court Reviews NLRB Union Election Rules

In a case that does not seem to have attracted much notice, the U.S. District Court for the District of Columbia issued a very long opinion rejecting the arguments made by a number of major business trade groups that the new National Labor Relations Board (NLRB) union election rules exceed…

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WA L&I Gives Guidance re Electrical Permit Requirements for HVAC Replacements and Retrofits

The Washington State Department of Labor & Industries recently confirmed that has been some confusion voiced about when the term “associated” in the phrase “associated Class 2 low voltage wiring,” added in recent revisions to the scope of work for Class B labels in W.A.C. § 296-46B-908, applies to the low voltage cable. …

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Virginia Enacts Law to Protect Subcontractors, Lower-Tier Subcontractors and Material Suppliers

Virginia Senate Bill 891 amends  Section 43-3 of the Code of Virginia and add Section 11-4.1:1 to protect subcontractors (defined in Section 43-1 as “contractors, laborers, mechanics, and persons furnishing materials, who do not contract with the owner but with the general contractor”), lower-tier subcontractors and material suppliers.  Subdivision (c) of…

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Environmental Case Law Update (March – June 2015) ~ Part VII

This is Part VII of VII of a brief recap of some the significant environmental law and administrative cases decided in the past few months: B. Texas State Court of Appeals On June 1, 2015, the Court of Appeals for the Seventh District sitting in Amarillo issued a ruling reversing the grant…

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9th Circ. Provides Guidance on Federal Tort Claims Act

Anyone having a business relationship with the U.S. Government who believes the Government or one of its representatives has acted, or failed to act in such a manner as to cause harm, should be aware of the restrictions placed on governmental liability by the Federal Tort Claims Act, especially the…