Articles Posted in Construction Generally

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There were 442 bills passed by the 115th Congress and signed by the President. Most of these new laws have attracted very little attention, so it may be helpful to review a few of them. The list below provides a glimpse into the myriad issues that face each Congress, and the implementation issues that will be the responsibility of the federal agencies:

• PL 115-265, the Save our Seas Act of 2018. The law reauthorizes and amends the Marine Debris Act, located at 33 U.S.C. § 1952, to “promote international action to remove marine debris”. The law requires the Department of State and other federal agencies to develop outreach and educational strategies to address the source of marine debris and provide technical assistance reduce the incidence of marine debris and provide technical assistance to expand waste management systems on an international basis. In case of a “severe marine debris” event, to assist in the cleanup. It is also the sense of Congress that the President should support research and development on systems that result in the reduction of derelict fishing gear and land-based sources of debris that enters the marine environment. The law addresses the membership of an Interagency Marine Debris Coordination Committee. The enormous amount of plastic waste deposited in the ocean must have been a concern to the legislators. Continue Reading ›

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Today, our colleagues Ken Taber, Rebecca Carr Rizzo and Andrew Lauria published their Client Alert titled New York Employment Law Outlook 2019. Their Client Alert discusses employment laws that were introduced in 2018 in New York.

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Today, the U.S. Supreme Court confirmed that it will review the U.S. Court of Appeals Ninth Circuit’s February 2018 ruling in Newton v. Parker Drilling Management Services, Ltd. which held that California’s wage and hour laws can apply to  claims made by workers employees on Outer Continental Shelf (OCS) platforms where federal law is preeminent—except where there is a gap in legal protection that can be filled by the laws of the  adjacent state.  This ruling, the Petition for Writ of Certiorari agues, was in conflict with the rulings of other federal circuit courts, especially the U.S. Court of Appeals for the Fifth Circuit. Otherwise, these OCS claims are subject to the Federal Fair Labor Standards Act.

Additional Source: Ninth Circuit Remands OCSLA Wage and Hour Complaint to Central District

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Most contractors are diligent about making sure that they pay their licensing fees, renew worker’s compensation insurance, and maintain the required bonds. What may be less obvious is how critically important it is to have current company personnel listed on the company’s licensing records with the Contractor’s State Licensing Board. Only personnel listed on the CSLB’s records are authorized to act on behalf of the licensee with respect to CSLB-related matters.

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Pillsbury attorneys Stephan E. Becker, Charles F. Donley II, Emily B. Erlingsson, Brian E. Finch, Aimee P. Ghosh, Meghan C. Hammond, Laura E. Jennings, The Honorable Gregory H. Laughlin, Jeffrey S. Merrifield, Elizabeth V. Moeller, Matthew Oresman, Craig J. Saperstein, Edward W. Sauer, and  Deborah S. Thoren-Peden discuss the 2018 Midterm Election and assess some of the top issues where the incoming 116th Congress will likely be most active, including:

  • Congressional Investigations
  • Financial Services
  • Tax Reform
  • Cybersecurity and Privacy
  • Foreign Policy, International Trade, and Sanctions
  • Energy and the Environment
  • Transportation and Aviation
  • Health Care
  • State and Local Government
  • Compliance, Ethics, and Campaign Reform

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On October 29, the U.S. Department of Transportation (DOT) published a final rule in the Federal Register which amends and revises the environmental National Environmental Policy Act (NEPA) procedures rules employed by the Federal Highway Administration (FHWA), the Federal Railroad Administration (FRA), and the Federal Transit Administration (FTA). There is a renewed interest in transportation infrastructure projects, and recent legislation is intended to accelerate required environmental reviews.

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On October 26, in the case of Day v. Johns Hopkins Health Sys. Corp., divided panel of the U.S. Court of Appeals for the Fourth Circuit affirmed the District Court’s ruling that the common law “Witness Litigation Privilege” protects an expert witness in a Black Lung Benefits Act benefits proceeding against civil claims that allege a federal RICO violation and Maryland state law claims for fraud, tortious interference, negligent misrepresentation and unjust enrichment attended the testimony of the expert witness.

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In Ohio Supreme Court Finds Subcontractor’s Faulty Workmanship Causing Damage to the Work Itself Not Covered under CGL Policy, my colleague Matt Stockwell discusses a decision last week by the Ohio Supreme Court, in Ohio Northern University v. Charles Construction Services, Inc., that unfortunately narrowed the scope of insurance coverage for a subcontractor’s faulty workmanship. The Court held that a subcontractor’s faulty workmanship in a construction defect case is not an “occurrence” under standard-form commercial general liability (CGL) policies in Ohio.

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In Hurricane Florence: Is Your Company Prepared for a Disaster?, Pillsbury’s Joe Jean, Tamara Bruno, and Janine Stanisz discuss how important it is for companies to understand how their insurance policies cover the company’s risk in the event of an unexpected or catastrophic loss. Having the correct insurance policies in place is only the first step.

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It was already the case that in order to offer to install California residential solar energy systems, a contractor must be licensed by the California Contractors State License Board (CSLB) and must hold an appropriate specialty classification. Under AB 1070 enacted late last year (Chapter 662, Statutes of 2017), special consumer protections are being deployed for the benefit of homeowners. Those protections are steadily rolling out.

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