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Articles Posted in Construction Generally

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Demolition/Construction Full Steam Ahead on Sacramento Entertainment and Sports Center

The Sacramento Business Journal in Arena builders hitting some — but not all — targets for local and small-business contracts reports on the progress of the Sacramento Entertainment and Sports Center (ESC), including confirming that the “oversight committee says the Sacramento Kings are exceeding commitments to hire local companies to…

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Chung Report Critical of Caltran’s Protocols, Data Interpretation and Conclusions re San Francisco-Oakland Bay Bridge SAS Span Integrity

A report titled Validity of Caltrans’ Environmental Hydrogen Embrittlement Test on Grade BD Anchor Rods in the SAS Span dated December 2, 2014 prepared by Yun Chung, Materials Engineer (Retired), purportedly for Steve Heminger, Chair, Toll Bridge Program Oversight Committee recently surfaced. Seven other professors, consultants and engineers purportedly reviewed…

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Texas Railroad Commission Revises Common Carrier Permit Application Rule

In the 2012 case of Texas Rice Land Partners, Ltd., et al., v. Denbury Green Pipeline-Texas, LLC, 363 S. W. 3d 192 (Tex. 2012), the Texas Supreme Court held that the routine and ministerial issuance of a common carrier pipeline permit to Denbury Green did not conclusively establish the pipeline’s…

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TX Supreme Court Will Hear Arguments in San Jacinto Waste Pits Insurance Controversy Jan. 15

The Texas Supreme Court confirmed that it will hear oral arguments in McGinnes Indus. Maint. Corp. v. The Phoenix Ins. Co., et al., No. 13-20360, case on January 15, 2015. The issue was certified to the Texas Supreme Court by the Fifth Circuit Court of Appeals on June 11, 2014.…

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Louisiana Licensing Law for Solar Contractors ~ Compliance Required Before Feb. 1, 2015

On June 23, 2014, Louisiana Governor Bobby Jindal signed into law Senate Bill 447. Louisiana Revised Statutes § 2156.3 governs the licensing of “entities engaging in the business of selling, leasing, installing, servicing, or monitoring solar energy equipment,” and “entities engaged in the business of arranging agreements for the lease…

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DC Court of Appeals: District Court’s Ruling On Attorney-Client Privilege Irreconcilable With Long Standing Law

Internal corporate investigations often raise questions regarding legal privileges. In an important attorney-client and work product controversy in the corporate area, last June the DC Circuit Court of Appeals granted a petition for a writ of mandamus in connection with documents the trial court had ordered to be made available…

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NJ Announces Complex Business Litigation Program ~ Will Include Certain Construction Disputes

Chief Justice Stuart Rabner recently announced that, following the New Jersey Supreme Court’s November 13, 2014 order authorizing the Program, the New Jersey Judiciary will begin on January 1, 2015 accepting cases into the Complex Business Litigation Program. The Program will be a forum for the resolution of complex business,…

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Earthquake Brace + Bolt Program Available January 2015 in 26 CA ZIP Codes

2016 UPDATE:  Earthquake Brace + Bolt Program Provides Contractors with New Work for the New Year — Earthquake Brace + Bolt (EBB) 2016 program will be offered in the following ZIP codes: Albany: 94706 Berkeley 94702, 94703, 94704, 94705, 94707, 94708, 94709, 94710 Burlingame: 94710 Emeryville: 94608 Hillsborough: 94010 Millbrae: 94030…

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Owner/General Contractor With Right to Control Work and Worksite May Be Exposed to Claims by Subcontractors’ Workers for Safety-related Issues

Recently, the Nebraska Supreme Court, in Gaytan v. Wal-Mart, et al., 289 Neb. 49 (2014), concluded that there were genuine issues of material fact with respect to the general contractor’s liability for claims brought by a special administrator for a deceased worker’s estate. The claims against the general contractor, Graham…