In Gongloff Contracting, L.L.C. v. L. Robert Kimball & Associates, Architects & Engineers, Inc., 2015 Pa. Super 149 (Pa. Super. Ct. July 8, 2015), the Superior Court of Pennsylvania reversed the trial court’s decision and held that a claim for negligent misrepresentation could be based on faulty design documents under…
UPDATE: CSLB Taking Steps to Implement New, Simplified Home Improvement Salespersons Registration Process (posted November 12, 2015) On September 8, 2015, California Governor Edmund G. Brown Jr. signed into law Senate Bill 561 (Monning), a bill that simplifies the home improvement salespersons (HIS) registration process to a single registration even…
The effective date of certain sections of the Florida Building Code (5th Edition) have been delayed by the Florida Legislature until June 30, 2016. The sections are: (a) Mandatory blower door testing for residential buildings or dwelling units as contained in Section R402.4.1.2 of the Florida Building Code, 5th Edition (2014) Energy Conservation Volume;…
On September 8, 2015, the U.S. Court of Appeals for the Ninth Circuit issued a ruling interpreting the Information Quality Act (IQA) and its implementation by two federal agencies—the Office of Management and Budget (OMB) and the Department of Justice (DOJ). The case is W. Scott Harkonen, M.D., v. U.S. Department…
On September 4, 2015, the U.S. Court of Appeals for the Fifth Circuit issued an important ruling concerning the scope of the Migratory Bird Treaty Act of 1918, 16 U.S.C. § 703 (MBTA), and the federal government’s use of an EPA rule regulating the operation of petroleum refinery wastewater treatment systems in…
California Governor Edmond G. (Jerry) Brown Jr. recently signed into law Senate Bill 633 (Hill), a bill that modernizes California’s “Made in U.S.A.” labeling standard to reflect the real-world market in which companies make products using components from around the globe. Under the prior law, it was unlawful to sell…
Starting January 1, 2016, New Hampshire will require persons who perform residential “mold assessment” services for remuneration to possess a valid national “third party certification” for mold assessment. Under the new law, any professional hired by a homeowner, in which the primary work contracted for is not mold assessment, will be exempt…
On September 1, 2015, the U.S. District Court for the Western District of Texas issued a ruling which vacates the April 2014 listing of the Lesser Prairie Chicken (LPC) as a threatened species pursuant to the Endangered Species Act. The case is Permian Basin Petroleum Association, et al. v. Department of…
On August 30, 2015, U.S. District Court Judge Lynn Hughes of the U.S. District Court for the Southern District of Texas issued an opinion dismissing the Government’s lawsuit asserting that Thomas Lipar, a real estate developer, violated the Clean Water Act by discharging fill material into jurisdictional wetlands without a permit. According…
On July 29, 2015, Illinois Governor Bruce Rauner signed into law House Bill 2635 to amend Illinois’ Mechanic’s Lien Act (Act) to permit the substitution of an “eligible surety bond,” as defined, for a mechanic’s lien. The new law expressly contemplates that a person may file a petition to substitute a…