On January 17, 2014, the California Contractors State License Board issued Industry Bulletin – 1/17/2014 clarifying that the new law effective January 1, 2014 (Senate Bill 407) requiring replacement of plumbing fixtures with water-conserving models is not triggered by property “maintenance” or “repairs.” The new law requires anyone applying for…
Articles Posted in Construction Generally
CA Estimates $800 Million to $1.2 Billion Underground Economy
A recent report by the California Department of Industrial Relations (DIR) that the State of California does not collect between $800 million and $1.2 billion as a result of the “underground economy” could be a catalyst to the State increasing its efforts to combat what is commonly referred to as…
Construction Workers’ Overtime Claims Subject To Arbitration Provision
Employers often would prefer an arbitral forum for employee-related disputes because they are perceived as a venue that typically delivers a fair, efficient and cost-effective resolution for such disputes. Employment agreements that require arbitration of claims on an individual basis, including Fair Labor Standards Act (FLSA) claims, have been subject…
Affiliates of Indicted Contractor May Face Longer Suspension
On January 16, 2014, Pillsbury attorney John E. Jensen published his alert titled Affiliates of Indicted Contractor May Face Longer Suspension, which discusses the U.S. Court of Appeals for the Eleventh Circuit decision in Agility Defense & Government Services, Inc. v. United States Department of Defense, No. 13-10757, 2013 WL…
EPA’s Updated “All Appropriate Inquiries” Environmental Diligence Standard
On January 8, 2014, Pillsbury attorneys Jeffrey A. Knight and Alina J. Fortson, and Joseph Ferranti, Environmental Division Director of InDepth Corporation, published their alert titled Be Careful What You Look For: EPA Updates “All Appropriate Inquiries” Environmental Diligence Standard. The alert discusses the EPA’s recent amendment of its “All…
Forum-Selection Clauses Are Here to Stay … and to Be Enforced
The U.S. Supreme Court recently showed strong support for enforcing forum-selection clauses in Atlantic Marine Construction Co., Inc. v. United States District Court for the Western District of Texas, 571 U.S. ___ (2013). The Court’s decision discusses forum-selection clauses in contracts generally, but lays the foundation and support for enforcing…
License Qualifiers Under Greater Scrutiny For Direct Supervision Of Construction Operations
UPDATE: CSLB, CSLB to Get Tough on RMO Abuses (Summer 2014) Starting on January 1, 2014, amended Section 7068.1 of California’s Contractors State License Law, Bus. & Prof. Code §§ 7200 et seq., requires licensees’ qualifiers to exercise direct supervision and control over the licensees’ operations to ensure compliance with…
2014 Resolution for the New Year – Be More Profitable
For most in the construction industry (and, for that matter, virtually all industries), the number one resolution is to be more profitable in the new year. We polled our Construction Counseling & Dispute Resolution and Real Estate teams for tips to help you keep this resolution. This is what they…
CSLB Announces 2014 Pilot Program Focused On HVAC Contractors
UPDATE: CSLB Message From the Board Chair: “… I am troubled by the increasing number of complaints CSLB is receiving about predatory C-20 Warm-Air Heating, Ventilating and Air-Conditioning (HVAC) contractors who are targeting vulnerable consumers after being called out for simple repairs or routine maintenance….” (Summer 2014) In its 2013…
Revised Effective Date For 2013 California Building Energy Efficiency Standards
UPDATE: CSLB industry Bulletin No. 14-02, Compliance Dates Delayed For Some Energy-Related Regulations in CA Building Standards Codes (Feb. 10, 2014) — New Effective Date Jul. 1, 2014 UPDATE: California Energy Commission, Blueprint (Jan. 23, 2014) – The California Energy Commission has established an “early adopter” program for compliance with…