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Articles Posted in Construction Generally

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DC Circuit Clarifies Standard of Review When Agencies Argue “Good Cause” for Bypassing APA Notice and Comment Requirement

In an Federal Communications Commission (CMC) matter, Sorenson Communications, Inc. v. FCC, the DC Circuit vacated an interim rule promulgated by the FCC without going through notice and comment. The agency argued that it had “good cause” to dispense with the Administrative Procedure Act (APA) in this instance. The court…

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Texas Supreme Court: Economic Loss Rule Bars GC’s Claim Against Architect

In LAN/STV, a Joint Venture of Lockwood, Andrews & Newman, Inc. v. Martin K. Eby Construction Company, Inc., the Texas Supreme Court considered “whether the rule permits a general contractor to recover the increased costs of performing its construction contract with the owner in a tort action against the project…

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Employees and Independent Contractors and Day Laborers … Oh My!

UPDATES: Ayala v. Antelope Valley Newspapers Inc., ___ Cal. ___ (Jul. 1, 2014)–California Supreme Court clarifies the test for independent contractor status; Ruiz v. Affinity Logistics Corp., 2014 BL 166620, No. 12-56589 (9th Cir. Jun. 16, 2014)–Ninth Circuit found “overwhelming evidence” that the defendant controlled details of the delivery drivers’…

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Important APA Issue Awaits Supreme Court’s Review

The U.S. Supreme Court has agreed to review two decisions of the DC Circuit, which held that “when an agency has given its regulation a definitive interpretation, and later significantly revises that interpretation, the agency has, in effect amended its rule, something it may not accomplish [under the Administrative Procedure…

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University of Texas Arlington Plans to Offer Master of Construction Management Degree

Beginning in the fall of 2014, the University of Texas at Arlington plans to offer a new Master of Construction Management (MCM) degree with an option to take courses online to help meet industry demand in Texas, especially in the thriving North Texas region. It will focus on management of…

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WA Administrative Code Revisions Effective July 1, 2014

UPDATE: Arc Fault Circuit-Interrupter (AFCI) and Ground Fault Circuit-Interrupter (GFCI) Protection — Effective July 1, 2014, Washington will require Arc Fault Circuit-Interrupter Protection (AFCI) as specified in the 2014 National Electrical Code (NEC). Proposed rule changes to Washington Administrative Code § 296-46B were adopted on May 20, 2014 and will…

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WA Issues Guidance On Who Can Place Building Integrated PV Systems

Revised Code of Washington §§ 19.28.041, 19.28.161, and 19.28.006 definitions of “Equipment” and “Electrical construction trade” require that all parts and components of solar photovoltaic (PV) systems be installed and maintained by properly licensed electrical contractors and certified electricians. Construction contractors who are not electrical contractors are not properly licensed…

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Ohio Certificates of Authorization Expire June 30

If you provide engineering and/or surveying services in Ohio, the current Certificates of Authorization expire on June 30, 2014 — Ohio law has changed and the renewal process is now biennial. Mark your calendar — Registration Deadline is Monday, June 30, 2014 by 4:30 p.m. and Certificates of Authorization cannot…