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Gravel2Gavel Construction & Real Estate Law Blog

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OSHA Postpones Full Enforcement of New Confined Spaces in Construction Standard for 60 Days

UPDATE: OSHA has extended its temporary enforcement policy through March 8, 2016, only for employers engaged in residential construction work.  OSHA had extended the temporary enforcement policy through January 8, 2016. In response to industry participants’ request for an extension of the effective date of the Confined Spaces in Construction…

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The Changing Compensation Landscape for Government Contractors

Pillsbury attorneys Julia Judish and Rebecca Rizzo have published their client alert titled The Changing Compensation Landscape for Government Contractors, New Executive Order Mandates Paid Sick Leave for Employees of Government Contractors, and Department of Labor Issues Final Rule on Contractor Pay Transparency. The Alert discusses (1) President Obama’s Executive Order issued on Labor Day…

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Solicitor General’s Request that the Supreme Court Decide Whether the Corps of Engineers’ Jurisdictional Determinations Are Subject to Prompt Judicial Review May be Granted Soon

The U.S. Army Corps of Engineers often exercises its Clean Water Act (CWA) Section 404 permitting authority through administrative “jurisdictional determinations”, in which the agency usually determines whether a proposed project involves the deposit or disposal of dredge and fill material into wetlands deemed to be “waters of the United…

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Seventh Circuit Interprets Pre-CERCLA Plant Construction Agreement to Void Cost Recovery Lawsuit

On September 21, 2015, the U.S. Court of Appeals for the Seventh Circuit issued an important Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), cost recovery lawsuit ruling relating to a contractual release of liability that pre-dated CERCLA.  The case is The Peoples Gas Light and Coke Company v. Beazer East, Inc.…

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Stiff Penalty for Engaging in Unlicensed Activity In a Declared Disaster Area (Wildfires in Amador, Calaveras, Lake and Napa Counties)

Pursuant to his authority under California Government Code § 8620, Governor Brown declared a state of emergency on September 11  in Amador  and Calaveras Counties, and on September 13 for Lake and Napa Counties for the wildfires that started in early September.  Contractors beware that Section 7028.16 of California’s Contractors’ State…

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Count Down to Solar Decathlon U.S. 2015

UPDATE:   Stevens Wins Solar Decathlon 2015 — CONGRATULATIONS! The U.S. Department of Energy’s Solar Decathlon is a biennial event that challenges collegiate teams to design, build, and operate solar-powered houses that are cost-effective, energy-efficient, and attractive. The winning team will be the one that best blends affordability, consumer appeal, and design…

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In PA, Starting Nov. 1, 2015, Licensed Demolition Contractor Must Be Identified on All Demolition Permit Applications

The Philadelphia Department of Licenses and Inspections (L&I) has posted notice that the new demolition contractor license requents are effective October 1, 2015.  L&I has made available information on Demolition Contractor License Class A and Class B application requirements. According to its website, L&I will begin accepting license applications on September 14, 2015 and…

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Cal. Supreme Court Denies Cert in Pacific Caisson & Shoring, Inc. v. Bernards Bros. Inc.

In late August 2015, the California Supreme Court denied Pacific Caisson & Shoring, Inc.’s (Pacific Caisson) petition for review of the Second Appellate District Court of Appeal’s decision affirming the trial court’s judgment that Pacific Caisson did not substantially comply with the requirement that a contractor be licensed while performing work requiring a…

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PA: New Safety Training Requirements Effective Oct. 1, 2015

The Philadelphia Department of Licenses and Inspections (L&I) a has issued a Notice regarding new Occupational, Safety and Health Administration (OSHA) 10 and OSHA 30 safety training (or equivalent) requirements in effect October 1, 2015.  L&I is offering Safety Training Information Sessions on the new training requirements on September 30, October 7,…

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LA District Court Holds that Spill and Release of Crude Oil from the Deepwater Horizon Well Did Not Trigger EPCRA Reporting Requirements

On September 11, 2015, the United States District Court for the Eastern District of Louisiana issued a significant ruling holding that CERCLA’s “Petroleum Exclusion” applies to the release of crude oil and any quantities of benzene, toluene and xylene present in this crude oil resulting from the Deepwater Horizon oil spill…