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Gravel2Gavel Construction & Real Estate Law Blog

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TX Amends Admin Code To Update Air Conditioning And Refrigeration Contractor Codes & Modifies Continuing Education Requirements

The Texas Commission of Licensing and Regulation’s (Commission) recently amended the existing rules governing air conditioning and refrigeration contractor applicable codes, 16 Tex. Admin. Code, Chapter 75, § 75.110. Revised Section 75.110 states: “(a) The commission adopts the following as the applicable codes as referenced in the Act and this…

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Arbitration Clause: Consider enforcement implications before signing

The practice of including an arbitration provision in all types of contracts has become quite common. Including such a provision in a contract should, however, always be a considered choice, based on sound advice, to avoid any misunderstandings about the breadth, scope and consequences of including such a provision. Yesterday,…

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NH: Most Common Electrical Installation Deficiencies (2014 NEC)

The Joint Board of Licensure and Certification, State of New Hampshire compiled a list of the most common electrical installation deficiencies in the State of New Hampshire in 2014, formatted to the 2014 edition of the National Electrical Code (NFPA 70-2014) as follows: Use of electrical equipment without following the…

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CA CSLB Welcomes New Board Member ~ Susan Granzella

On October 13, 2004, California Governor Edmund G. Brown Jr. appointed Susan Granzella of Sacramento as a new (public) member of the California Contractors State License Board. Prior to the appointment, according to the Governor, Granzella “held several positions at Visa Inc. from 1996 to 2014, including senior director and…

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10th Cir. Rejects Claim That Pollution Exclusion In Liability Policies Are Ambiguous and Inapplicable

On October 20, 2014, the U.S. Court of Appeals for the Tenth Circuit unanimously affirmed the lower court’s ruling that the commercial liability insurance policies purchased by Headwaters Resources, Inc. contained unambiguous “pollution exclusion” provisions which excluded Headwaters’ demand that its insurers reimburse its litigation defense costs. The case is…

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Texas Supreme Court Will Decide Important CERCLA Insurance Matter

The Texas Supreme Court confirmed that it will decide an issue of Texas law that was certified to the Court by the U.S. Court of Appeals for the Fifth Circuit. The case is McGinnes Industrial Maintenance Corporation v. The Phoenix Insurance Company; The Travelers Indemnity Company. The issue is whether…

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NH Electricians: 2014 NEC Continuing Education Deadline — Jan. 1, 2015

The New Hampshire Electrician’s Board has confirmed that the 2014 National Electrical Code (NEC) will become effective January 1, 2015 and, moreover, that all exams will be on the 2014 NEC starting on October 1, 2014. All New Hampshire licensed master and journeyman electricians will also be required to complete…

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NV Licensing Board to Discuss Proposed Amendments to NAC 624.170 Concerning Remodel of High Rise Buildings

The Nevada State Contractors Board, at its meeting scheduled for October 23, 2014, at 8:45 a.m. by video conference at two of the Board’s offices, is expected to discuss, in its Executive Session, proposed amendments to Nevada Administrative Code § 624.170 concerning remodel of high rise buildings for possible action.…

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11th Cir. Narrowly Interprets Revised NC Statute of Repose in Wake of CTS Corp. v. Waldburger

A few months ago, the U.S. Supreme Court decided the case of CTS Corp. v. Waldburger, 134 S. Ct. 2175 (2014), and held that the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 94 Stat. 2767, as amended, 42 U.S.C. §§ 9601 et seq. (CERCLA), the federal Superfund statute,…

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Alaska: Construction Contractor Bonding Requirements Increase In 2015

Effective January 1, 2015, Senate Bill 193, signed into law on July 11, 2014 by Alaska Governor Sean Parnell, increases the required construction contractor bonding amounts as follows: “…(1) general contractor shall be $25,000; (2) general contractor with a residential contractor endorsement under AS 08.18.025 who performs exclusively residential work…