Effective August 19, 2014, New Jersey Senate Bill 2363 went into effect, requiring contractors required to register under the Contractors’ Registration Act, N.J.S.A. §§ 56:8-136, et seq. — home improvement contractors — to wear a state-issued identification badge “on the upper left corner of his torso when the contractor is…
Articles Posted in Construction Generally
District Court Rejects Challenge to Decision of Fish and Wildlife Service to Withdraw Proposed ESA Listing of the Dunes Sagebrush Lizard
On September 30, 2014, the U.S. District Court for the District of Columbia rejected a challenge to the decision of the U.S. Fish and Wildlife Service (FWS) to withdraw a proposed listing of the Dunes Sagebrush Lizard, a species found in many oil and gas producing areas, as an endangered…
3rd Cir.: Natural Gas Pipeline Company Can Immediately Exercise Its Powers of Eminent Domain to Replace Deteriorating Pipeline
On September 26, 2014, a divided panel of the U.S. Court of Appeals for the Third Circuit reversed the U.S. District Court of the Middle District of Pennsylvania, holding that Columbia Gas Transmission Company, an interstate natural gas company regulated by FERC, has the right of eminent domain granted by…
California Looking For Next Registrar of Contractors
UPDATE: Applications for the Position of the Registrar of Contractors must be received by 5:00 p.m. PST on November 17, 2014 and must include all required information. The California Contractors State License Board invites applications for the position of Registrar of Contractors. The Registrar of Contractors is responsible for, among…
Contractors Beware: Recent Supreme Court Rulings Will Impose More Environmental Restrictions
United States Supreme Court decisions provide guideposts for the exercise of environmental permitting and enforcement power by state and federal authorities. Whether a particular facility can be permitted often determines whether it can be built or modified after it has been constructed. In addition, a decision such as the Court’s…
Exemptions Available to Some Contractors For New Mandated Paid Sick Leave In California
A new California law effective July 1, 2015 requires employers to provide at least 3 paid sick days per year. Workers covered by valid collective bargaining agreements meeting certain requirements are exempt, but contractors should review their sick leave policies for all employees to ensure they are in compliance. Please…
9th Cir. Rejects Use of Permit Shield Defense in a Clean Water Act Citizen Suit
On September 4, 2014, the U.S. Court of Appeals for the Ninth Circuit issued a decision rejecting the argument that a Clean Water Act (CWA) “permit shield” required the dismissal of a CWA citizen suit. The case is Alaska Community Action on Toxics, et al. v. Aurora Energy Services, LLC;…
What’s In A Name (Change)?
Rule of Thumb: If the business entity’s name change results in the California Secretary of State issuing a new registration number, a new California contractor’s license will be required ~ a contractor’s license is not transferrable. If a new license is required, you must file an application for original contractor’s…
U.S. District Court Finds BP Grossly Negligent in Deepwater Horizon Oil Spill
On September 4, 2014, U.S. District Court Judge Carl Barbier issued a ruling holding that BP Exploration & Production Inc. is subject to enhanced civil penalties under the Clean Water Act (CWA) because the deadly April 20, 2010 blowout, explosion, fire and massive oil spill at the Macondo well in…
English Contract Law: Choice of Law and Forum Trumped? Beware (or at least be aware) of the Commercial Agents Regulations.
Yesterday, Pillsbury attorney Ray Sweigart published his client advisory English Contract Law: Choice of Law and Forum Trumped? Beware (or at least be aware) of the Commercial Agents Regulations. The Advisory discusses the English High Court’s analysis, in Fern Computer Consultancy Ltd v Intergraph Cadworx & Analysis Solutions Inc [2014]…