Construction Law Update Cases and Statutes

Size: px
Start display at page:

Download "Construction Law Update Cases and Statutes"

Transcription

1 Construction Law Update Cases and Statutes San Diego Chapter: Construction Management Association of America February 26, 2015 Presented By Laurence R. Phillips, Esq. Brian C. Fish, Esq.

2

3

4 TABLE OF CONTENTS Page I. CASES...1 A. Architect & Engineer Liability Beacons Residential Cmty. Assoc. v. Skimore, Owings & Merrill (2014) 14 C.D.O.S Zalewski v. Cicero Builder Dev., Inc. (2014) F.3d B. Arbitration Hyundai Amco America, Inc. v. S3H Inc. (Dec. 17, 2014) WL Anderson Plant, LLC v. Batzer Constr., Inc. (E.D.Cal., Feb. 27, 2014, No. 2:13-cv KJM-CMK) 2014 WL Malone v. Superior Court (2014) 220 Cal.App.4th C. Attorney-Client Privilege Seahaus La Jolla Owners Ass n v. Superior Court (2014) 224 Cal.App.4th D. Bankruptcy In re Modtech Holdings, Inc. (2013) 503 B.R E. Federal Contracting Ramona Equip. Rental, Inc. ex rel. U.S. v. Carolina Cas. Ins. Co. (2014) 755 F.3d Technica LLC ex rel. U.S. v. Carolina Cas. Ins. Co. (2014) 749 F.3d JMR Constr. Corp. v. United States (2014) 117 Fed.Cl Metcalf Constr. Co., Inc. v. U.S. (2014) 742 F.3d Kellogg Brown & Root Servs., Inc. v. U.S. (2014) 742 F.3d Bell/Heery v. U.S. (2014) 739 F.3d Colonial Sur. Co. v. United States (2013) 108 Fed.Cl F. Insurance Transport Ins. Co. v. Superior Court (2014) 222 Cal.App.4th Regional Steel Corp. v. Liberty Surplus Ins. Cos. (2014) 226 Cal.App.4th North Counties Eng g, Inc. v. State Farm Gen. Ins. Co. (2014) 224 Cal.App.4th i

5 18. Mark Tanner Constr., Inc. v. HUB Int l Ins. Servs., Inc. (2014) 224 Cal.App.4th G. Licensing E.J. Franks Constr. Inc. v. Sahota (2014) 226 Cal.App.4th H. Mechanics Liens and Stop Payment Notices Brewer Corp. v. Point Center Fin., Inc. (2014) 223 Cal.App.4th Moorefield Constr., Inc. v. Intervest-Mortgage Inv. Co. (2014) 230 Cal.App.4th Palomar Grading & Paving, Inc. v. Wells Fargo Bank, N.A. (2014) 230 Cal.App.4th I. Public Contracting Los Alamitos Unified School Dist. v. Howard Contracting, Inc. (2014) 223 Cal.App.4th Gilbane Bldg. Co. v. Superior Court (2014) 223 Cal.App.4th Golden State Boring & Pipe Jacking, Inc. v. Eastern Municipal Water Dist. (2014) 228 Cal.App.4th Bay Cities Paving & Grading, Inc. v. City of San Leandro (2014) 223 Cal.App.4th R&R Pipeline, Inc. v. Bond Safeguard Ins. (2014) 223 Cal.App.4th Sheet Metal Workers Internat. Assn., Local 104 v. Duncan (2014) 229 Cal.App.4th J. Right to Repair Act McCaffrey Group, Inc. v. Superior Court (2014) 224 Cal.App.4th KB Home Greater Los Angeles, Inc. v. Superior Court (2014) 223 Cal.App.4th Burch v. Superior Court (2014) 223 Cal.App.4th K. Statute of Limitations People v. Wetherell (2014) 223 Cal.App.4th Supp L. Tort Liability Talega Maintenance Corp. v. Standard Pacific Corp. (2014) 225 Cal.App.4th Kelly v. Beazer Homes USA Inc. (2014) 552 Fed.Appx ii

6 II. 35. Buckner v. Milwaukee Electric Tool Corp. (2013) 222 Cal.App.4th Hernandez v. Amcord, Inc. (2014) 215 Cal.App.4th CTS Corp. v. Waldburger (2014) 134 S.Ct LEGISLATION...11 A. Design-Build Contracts SB 785 (Wolk) Design-build. Chaptered 9/30/ B. Green Building Standards AB 1179 (Bocanegra) Recycling: waste tires: public works projects. Chaptered 9/26/ C. Employer/Employee Relations AB 1522 (Gonzalez) Employment: paid sick days. Chaptered 1/16/ AB 1723 (Nazarian) Employees: wages. Chaptered 9/30/ AB 1897 (Hernandez, Roger) Labor contracting: client liability. Chaptered 9/28/ AB 2074 (Hernandez, Roger) Recovery of wages: liquidated damages. Chaptered 8/19/ AB 2751 (Hernandez, Roger) Retaliation. Chaptered 6/28/ SB 315 (Lieu) Contractors. Chaptered 9/17/ SB 1360 (Padilla) Compensation: rest or recovery periods. Chaptered 6/28/ AB 1650 (Jones-Sawyer) Public contracts: bidders: employment practices. Chaptered 9/30/ D. Infrastructure AB 1937 (Gordon) Natural Gas Pipeline Safety Act of 2011: school and hospital notification of nonemergency excavation or construction of pipelines. Chaptered 8/25/ E. Labor & Wages SB 854 (Committee on Budget and Fiscal Review) State and local government. Chaptered 6/20/ AB 1939 (Daly) Public works: prevailing wages: contractor s costs. Chaptered 7/21/ AB 2272 (Gray) Public works: prevailing wage. Chaptered 9/30/ iii

7 15. AB 1870 (Alejo) Public works: prevailing wage: multiemployer apprenticeship grants. Chaptered 9/30/ AB 2744 (No one named) Committee on Labor and Employment: Public works: apprenticeship program. Chaptered 08/25/ SB 266 (Lieu) Prevailing wage. Chaptered 9/30/ AB 26 (Bonilla) Construction: prevailing wage. Chaptered 9/30/ F. Licensing AB 186 (Maienschein) Professions and vocations: military spouses: temporary licenses. Chaptered 9/27/ SB 1159 (Lara) Professions and vocations: license applicants: individual tax identification number. Chaptered 9/28/ SB 2396 (Bonta) Convictions: expungement: licenses. Chaptered 9/28/ G. Miscellaneous AB 1581 (Buchanan) School facilities: construction contracts. Chaptered 9/18/ AB 2355 (Levine) Local agencies: streets and highways: recycled materials. Chaptered 9/26/ H. Public Agencies / Public Works AB 1705 (Williams) Public contracts: payment. Chaptered 9/27/ AB 2376 (Weber) State construction projects: insurance. Chaptered 7/10/ I. Safety AB 1634 (Skinner) Occupational safety and health: violations. Chaptered 10/20/ iv

8 I. CASES A. Architect & Engineer Liability 1. Beacons Residential Cmty. Assoc. v. Skimore, Owings & Merrill (2014) 14 C.D.O.S The California Supreme Court holds that an architect owes a duty of care to future homeowners in the design of a residential building were the architect is a principal architect on the project that is the architect is providing professional design services and is not subordinate to other design professionals. This duty of care extends to such architects even when they do not actually build the project or exercise ultimate control over the construction. 2. Zalewski v. Cicero Builder Dev., Inc. (2014) F.3d 95 B. Arbitration Creator of home designs filed suit against builders alleging violations of the Copyright Act. The Federal Appeals Court of the Second Circuit found that where a developer copied only unprotected elements of an architect s design, elements common to all colonial houses, there was no wrongful copying and no substantial similarity between the two designs as a matter of law. 3. Hyundai Amco America, Inc. v. S3H Inc. (Dec. 17, 2014) WL Court of Appeal held that subcontractor s petition to compel arbitration of general contractor s complaint did not require proof of formal demand of arbitration. The lawsuit related to the parties performance under the agreement and despite the arbitration clause in the agreement, the Court of Appeal ruled that during the lower court proceedings it had been patently demonstrated that the plaintiff refused to arbitrate the controversy. 4. Anderson Plant, LLC v. Batzer Constr., Inc. (E.D.Cal., Feb. 27, 2014, No. 2:13-cv KJM-CMK) 2014 WL A dispute between owner and contractor arose on a power plant project. The contract provided that the dispute would be resolved by binding AAA arbitration and that California law would apply. After the arbitration commenced, the owner alleged it discovered that the contractor was not properly licensed at all times during the project. The owner sought to stay the arbitration and filed suit for the court to determine the preliminary issue of whether the contractor was properly licensed. At issue in the case was whether the licensure issue was to be decided by the arbitrator or court. After the action was removed to federal court, the district court found the 1

9 following: 1) the arbitrability of the licensing issue was to be decided under federal law (under the Federal Arbitration Act) in this instance; and 2) under the FAA the arbitrator should resolve the contractor license issue, not the court. Thus is was held that all claims were subject to arbitration. 5. Malone v. Superior Court (2014) 220 Cal.App.4th 1551 Former employee brought a wage and hour action against her former employer. Employer moved to compel arbitration pursuant to a clause in its employee handbook that broadly required binding arbitration of any claim arising out of employment. Further, the clause stated, the arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of this binding arbitration agreement. The court ruled that this clause is not unconscionable and is preempted by the Federal Arbitration Act. C. Attorney-Client Privilege 6. Seahaus La Jolla Owners Ass n v. Superior Court (2014) 224 Cal.App.4th 754 D. Bankruptcy Homeowner's association for common interest brought a construction defect action against developers and builders, and a subgroup of individual homeowner's filed their own action. The Court of Appeal in the Third District held that the attorney-client privilege applies to communications at a meeting of a homeowner s association with individual homeowners, conducted by homeowners association counsel, who discussed the association s construction defect lawsuit, which asserted claims that overlapped with a lawsuit brought by the individual owners. 7. In re Modtech Holdings, Inc. (2013) 503 B.R. 737 A debtor prime contractor s $75,000 progress payment to the creditor subcontractor, made approximately 20 days prior to prime contractor filing for Chapter 7 bankruptcy, was not a preferential transfer as the payment was made in the ordinary course of business and also made in exchange with providing the debtor with new value. 2

10 E. Federal Contracting 8. Ramona Equip. Rental, Inc. ex rel. U.S. v. Carolina Cas. Ins. Co. (2014) 755 F.3d 1063 Equipment rental company, which had an open account with a subcontractor, did not breach its duty to mitigate by failing to provide the general contractor with a Miller Act 90-day notice of numerous unpaid invoices until after the subcontractor was terminated. 9. Technica LLC ex rel. U.S. v. Carolina Cas. Ins. Co. (2014) 749 F.3d 1149 Federal construction project subcontractor sought recovery against the prime contractor and its payment surety under the Miller Act for amounts allegedly owed on the subcontract. The Court of Appeals for the Ninth Circuit ruled that as a matter of first impression, California law, barring an unlicensed contractor from receiving compensation for his work, does not apply to an unlicensed subcontractor s payment bond claim under the federal Miller Act. 10. JMR Constr. Corp. v. United States (2014) 117 Fed.Cl. 436 Government contractor contracting to build an aircraft maintenance facility could not recover home office overhead delay damages for the period between government possession and final completion under the Eichleay formula because it could not establish one element of the standby requirement: that it was required to resume construction activities at full speed and immediately. 11. Metcalf Constr. Co., Inc. v. U.S. (2014) 742 F.3d 984 In reversing the trial court, the Federal Circuit clarifies that the implied duty of good faith and fair dealing broadly encompasses the government s duty to cooperate and not hinder the contractor. In this instance, the requirement in the government s request for proposal that the contractor perform a soil investigation post-award does not negate the contractor s ability to rely on 1) representations in the soil report (even though designated for preliminary information only ), and 2) the government s response, to a pre-bid question, stating that unanticipated conditions would be resolved by change order. 12. Kellogg Brown & Root Servs., Inc. v. U.S. (2014) 742 F.3d 967 On a cost-plus-award-fee contract for construction in Iraq during the war, the prime contractor was denied reimbursement of a subcontractor s costs where it was found that the contractor was grossly negligent in reviewing whether the subcontractor s costs were reasonable. In this instance, given the finding of gross negligence, the court found there was no need to address the 3

11 contractor s proposed standard that the costs which are the result of negligent mistakes are reasonable and thus are reimbursable. 13. Bell/Heery v. U.S. (2014) 739 F.3d 1324 As the FAR s Permits and Responsibilities clause places on the contractor sole responsibility to comply with local permitting requirements, the federal government s failure to go to bat for the contractor against the state s environmental agency as a matter of law was not a breach of contract, breach of the implied covenant of good faith and fair dealing, violation of the changes clause, or a construction change. 14. Colonial Sur. Co. v. United States (2013) 108 Fed.Cl. 622 F. Insurance On federal project, the absence of a formal declaration of default of contractor by government raises factual issues as to whether a surety s actions under the performance and payment bonds were voluntary, thereby defeating cross-motions for summary judgment on surety s equitable subrogation claim against government. 15. Transport Ins. Co. v. Superior Court (2014) 222 Cal.App.4th 1216 When an excess policy is deemed ambiguous (by use of the term underlying insurance ), that ambiguity must be resolved based on the reasonable expectations of the insured. However, the reasonable expectations of the named insured and additional insureds may be different and must be evaluated separately. Thus, an excess insurer may have a duty to defend the named insured but not an additional insured based on their different expectations regarding the meaning of the term underlying insurance in the policy. 16. Regional Steel Corp. v. Liberty Surplus Ins. Cos. (2014) 226 Cal.App.4th 1377 Insured subcontractor is barred from recovering under commercial property insurance policy because allegedly defective rebar tie hooks could not be classified as "property damage" within the insurance policy's coverage provision. The policy excluded coverage for "property damage" to "impaired property" or "property that has not been physically injured, arising out of defect, deficiency, inadequacy or dangerous condition in the insured's product or the insured's work." 4

12 17. North Counties Eng g, Inc. v. State Farm Gen. Ins. Co. (2014) 224 Cal.App.4th 902 The professional services exclusion in an engineering company s general liability policy did not preclude the insurer s duty to defend under the completed operations coverage where the underlying complaint for breach of contract and negligence against the engineering company arose from both the engineering services and construction work. 18. Mark Tanner Constr., Inc. v. HUB Int l Ins. Servs., Inc. (2014) 224 Cal.App.4th 574 G. Licensing Contractors insured under a self-insured workers compensation program, which ultimately became insolvent, filed suit against the broker who marketed and sold the insurance program to contractors. The trial court granted broker s motion for summary judgment, which was upheld by appellate court, who concluded that broker did not breach its duty to use reasonable care and did not owe the contractors a fiduciary duty to investigate the financial soundness of the insurance program. 19. E.J. Franks Constr. Inc. v. Sahota (2014) 226 Cal.App.4th 1123 Homeowners filed cross-complaint alleging breach of contract and fraud when during the course of constructing a home, contractor's valid license was reissued to his newly formed corporation. Court of Appeal denied crosscomplaint and held that work was performed by a licensed contractor at all times and Contractors' State License Law did not preclude the contractor from foreclosing on a mechanic's lien. H. Mechanics Liens and Stop Payment Notices 20. Brewer Corp. v. Point Center Fin., Inc. (2014) 223 Cal.App.4th 831 Court of Appeal finds: 1) lender must make available to stop notice claimants those amounts the lender has already disbursed to itself as fees on the construction loan; 2) a stop notice claimant s failure to serve a preliminary 20-day notice under Civil Code 3097 on lender, absent contractor s ability to prove that it started work prior to lender recording its loan deed of trust, bars it from recovering under its bonded stop notice; and 3) the failure of a stop notice claimant to serve the lender with a notice of commencement of stop notice action under Civil Code 3172 did not bar claimant s rights absent a showing of prejudice by lender. 5

13 21. Moorefield Constr., Inc. v. Intervest-Mortgage Inv. Co. (2014) 230 Cal.App.4th 146 Construction lender's construction loan agreement required property owner to assign its rights and remedies under the construction contract to lender. The agreement further required consent by construction contractor (and contractor provided such consent). General contractor then sought foreclosure of a mechanic's lien on the property, and construction lender filed a crosscomplaint seeking a declaration of priority of the lien. The Court of Appeal held that the general contractor's mechanic's lien was subordinated to lender's deed of trust and that the mechanic's lien was extinguished when lender foreclosed on its deed of trust. 22. Palomar Grading & Paving, Inc. v. Wells Fargo Bank, N.A. (2014) 230 Cal.App.4th 686 I. Public Contracting In this matter of first impression, the appellate court reversed the lower court's decision to award prejudgment interest at a rate of 10% for breach of contract. Instead, subcontractors were limited to a default constitutional rate of seven percent on foreclosed mechanic s liens against non-contracting innocent land owners. 23. Los Alamitos Unified School Dist. v. Howard Contracting, Inc. (2014) 223 Cal.App.4th 1527 School districts are exempt from obtaining competitive bids from contractors when entering into "lease-leaseback" agreements to improve school property such as high school track and athletic fields. 24. Gilbane Bldg. Co. v. Superior Court (2014) 223 Cal.App.4th 1527 Citizen group association has standing to sue a contractor for entering into a corrupt school contract because at least one association member is a resident of that school district. Taxpayer suit alleging corrupt contracts entered into by a school district may be brought without first making a demand on the district to sue its corrupt officers or employees. 25. Golden State Boring & Pipe Jacking, Inc. v. Eastern Municipal Water Dist. (2014) 228 Cal.App.4th 273 Tunneling subcontractor of a general contractor constructing a pipeline for a municipal water district has standing to sue on a payment bond because on a public works project cessations of labor for more than 30 days constitute completion of the project and trigger the limitations period. 6

14 26. Bay Cities Paving & Grading, Inc. v. City of San Leandro (2014) 223 Cal.App.4th 1181 Plaintiff s petition for writ of mandate denied when plaintiff challenged the action of the public entity in awarding a public works contract to a competing contractor, the lowest bidder on the project. Plaintiff alleged that the City of San Leandro could not properly award the contract to the lowest bidder because the bidder had materially deviated from the contract specifications when it failed to include the first page of its bid bond. In denying the writ of mandate, the appellate court found that the defect in the bid was not a material deviation because the bond information that was submitted was enforceable. Thus, the successful bidder did not have a competitive advantage over other bidders. 27. R&R Pipeline, Inc. v. Bond Safeguard Ins. (2014) 223 Cal.App.4th 438 An action by a contractor hired by a developer against a labor and material bond that had been issued in connection with a subdivision project to develop a golf course, residences and various subdivision improvements. The trial court determined that the project constituted a public works project and found that the contractor had not complied with statutory notice requirement to perfect its right against the bond. Thus, the trial court dismissed the subcontractor s action against the bond. The appellate court reversed after determining that the project actually constituted a private works project and thus the statutory notice requirement relating to public works did not apply. Instead, a longer (four year) statute of limitations existed in bringing an action against the bond. 28. Sheet Metal Workers Internat. Assn., Local 104 v. Duncan (2014) 229 Cal.App.4th 192 Question of whether prevailing wage law applies to an employee of a subcontractor who fabricates materials at a permanent offsite manufacturing facility not exclusively dedicated to the project. The court noted a lack of clear and authoritative guidance under California prevailing wage law regarding this issue. The court rejected the union s argument that the analysis should focus on whether the fabricated items are standard or customized and whether the facility sells to the general public. The court held that offsite fabrication is not covered by the prevailing wage law if (i) it takes place at a permanent offsite manufacturing facility; and (ii) the location and existence of that 7

15 J. Right to Repair Act facility is determined wholly without regard to the particular public works project. 29. McCaffrey Group, Inc. v. Superior Court (2014) 224 Cal.App.4th 1330 As a matter of first impression, single family homebuilder opting out of Cal. Civ. Code 895 et. seq.: SB 800 (Right to Repair Act) non-adversarial procedures and remedies in favor or its own alternative dispute resolution procedures, was not required to provide any deadlines for its resolution procedures. 30. KB Home Greater Los Angeles, Inc. v. Superior Court (2014) 223 Cal.App.4th 1471 A homeowner insurer s subrogation action against a builder, to recoup the repair cost of property damage caused by a leaking pipe, was barred by insurer s failure to give the builder pre-repair notice of defects, as well as the opportunity to inspect and cure, as required by the California Right to Repair Act. 31. Burch v. Superior Court (2014) 223 Cal.App.4th 1411 California Right to Repair Act governs claims for new residential construction defects that result in economic damages, but does not limit common law claims for defects which have caused property damages. Owner who purchased house from developer may sue the general contractor for negligence notwithstanding lack of privity; a duty of care exists because the owner is a foreseeable plaintiff and there is a close nexus between the contractor s conduct and the plaintiff s injury. K. Statute of Limitations 32. People v. Wetherell (2014) 223 Cal.App.4th Supp. 12 Contractor s violation of California s criminal trust fund statute (Penal Code 484b re diversion of construction funds), although a general intent crime, is subject to the four-year statute of limitations because fraud is a material element of the offense. 8

16 L. Tort Liability 33. Talega Maintenance Corp. v. Standard Pacific Corp. (2014) 225 Cal.App.4th 722 A developer of a 3500 unit master-planned community in San Clemente, CA was sued by the HOA of that master planned community when horse and hiking trails adjacent to the subdivision suffered damages as a result of two rainy seasons. The court held that the Anti-SLAPP statute does not apply to a homeowners association s claim that board members appointed by the developer misrepresented that the condominium, not the developer, was responsible for damage to trails built by the developer adjacent to the condominium; the Act did not apply to the association s fraud claim because the homeowners association board meetings are not official proceedings and the board of directors vote did not concern a matter of public significance. 34. Kelly v. Beazer Homes USA Inc. (2014) 552 Fed.Appx. 666 A subdivision developer has no duty to disclose to homeowners the financial condition of other purchasers of the homes because "an indebted neighbor" is not akin to "one who creates a noxious nuisance on his or her property." Subsequently, the court dismissed a fraud claim by some of the homeowners against the developer for marketing the home to investors rather than familybased purchasers, thus bringing down their property value. 35. Buckner v. Milwaukee Electric Tool Corp. (2013) 222 Cal.App.4th 522 In products liability action, maintenance worker was injured when using a power drill. He alleged the tool was defective due to manufacturer s failure to warn. The sophisticated user defense presented by manufacturer, which if established precludes need for warning, was not supported by the evidence at trial; thus, the appellate court upheld trial court s granting of new trial to plaintiff. 36. Hernandez v. Amcord, Inc. (2014) 215 Cal.App.4th 659 The estate of a deceased construction worker may be able to establish, without testimony of a medical doctor, that a manufacturer s asbestoscontaining cement was a substantial factor in the decedent s mesothelioma. 37. CTS Corp. v. Waldburger (2014) 134 S.Ct CERCLA s discovery rule, under which statutes of limitations in actions brought under state law for personal injury or property damage arising from the release of a hazardous substance, pollutant or contaminant into the 9

17 environment begin to run when a plaintiff discovers, or reasonably should have discovered, that the harm in question was caused by the contaminant, did not impliedly preempt state statutes of repose; statutes of repose did not pose an unacceptable obstacle to the attainment of CERCLA purposes, which did not provide a complete remedial framework, but instead left untouched states judgments about causes of action, the scope of liability, the duration of the period provided by statues of limitations, burdens of proof, rules of evidence, and other important rules governing civil actions. 10

18 II. LEGISLATION A. Design-Build Contracts 1. SB 785 (Wolk) Design-build. Chaptered 9/30/14 Amends seven different design-build code sections affecting state and local agencies. Makes legislative findings and declarations as to the necessity of a special statute for the San Diego Unified Port District. (Government Code ; Health and Safety Code ; Public Contract Code ; San Diego Unified Port District Act 37.2 ) B. Green Building Standards 2. AB 1179 (Bocanegra) Recycling: waste tires: public works projects. Chaptered 9/26/14 Authorizes the Department of Resources Recycling and Recovery, when awarding grants pursuant to the tire recycling program, to award grants for public works projects that use tire-derived products, including recycled tire lumber to create parklets and greenways. Priority will be given to disadvantaged communities. (Public Resources Code ) C. Employer/Employee Relations 3. AB 1522 (Gonzalez) Employment: paid sick days. Chaptered 1/16/14 Bill enacting the Healthy Workplaces, Healthy Families Act of 2014 to provide that an employee who, on or after July 1, 2015, works in California for 30 or more days within a year from the commencement of employment, is entitled to paid sick days for prescribed purposes to be accrued at a rate of no less than one hour for every 30 hours worked. (Labor Code ) 4. AB 1723 (Nazarian) Employees: wages. Chaptered 9/30/14 Bill expanding the penalty, restitution and liquidated damages provision for Labor Commissioner citations and to also subject the employer to payment of any applicable penalties for the willful failure to timely pay wages of a resigned or discharged employee. (Labor Code ) 5. AB 1897 (Hernandez, Roger) Labor contracting: client liability. Chaptered 9/28/14 Bill requiring a client employer to share with a labor contractor all civic legal responsibility and civil liability for all workers supplied by that labor contractor for payment of wages and the failure to obtain valid workers 11

19 compensation coverage. Prohibits client employer from shifting to labor contractor legal duties or liabilities under workplace safety provisions with respect to workers provided by the labor contractor. Further, bill provides definitions of "client employer" and "labor contractor." (Labor Code ) 6. AB 2074 (Hernandez, Roger) Recovery of wages: liquidated damages. Chaptered 8/19/14 Bill providing that a suit for liquidated damages may be filed at any time before the expiration of the statute of limitations for bringing the underlying action alleging payment of less than the state minimum wage. (Labor Code ) 7. AB 2751 (Hernandez, Roger) Retaliation. Chaptered 6/28/14 Bill requiring $10,000 penalty to be awarded to employees who suffer violations related to discharging an employee or in any manner discriminating, retaliating, or taking any adverse action against any employee or applicant for employment because the employee has engaged in protected conduct, as specified. (Labor Code 98.6, 1019, and ) 8. SB 315 (Lieu) Contractors. Chaptered 9/17/14 Act makes it a misdemeanor for a person to advertise for construction or work of improvement or engage in the business of, or act in the capacity of, a contractor within the State of California without having a license, unless particularly exempted. (Bus. and Prof. Code , , 7028, and ) 9. SB 1360 (Padilla) Compensation: rest or recovery periods. Chaptered 6/28/14 Bill providing that a rest and recovery period mandated pursuant to a state law, including, but not limited to, an applicable statute, or applicable regulation, standard, or order of the IWC, the board, or the division shall be counted as hours worked, for which there shall be no deduction from wages. (Labor Code 226.7) 10. AB 1650 (Jones-Sawyer) Public contracts: bidders: employment practices. Chaptered 9/30/14 Bill enacting Fair Chance Employment Act, requiring any person submitting a bid for a state contract involving onsite construction-related services to certify that the person will not ask an applicant to disclose information 12

20 D. Infrastructure concerning his or her conviction history on or at the time of an initial employment application. (Public Contract Code 10186) 11. AB 1937 (Gordon) Natural Gas Pipeline Safety Act of 2011: school and hospital notification of nonemergency excavation or construction of pipelines. Chaptered 8/25/14 E. Labor & Wages Bill requiring gas corporation to provide not less than 3 working days notice, as specified, to the administration of a school or hospital prior to undertaking nonemergency excavation or construction of a gas pipeline when the work is located within 500 feet of the school or hospital. (Public Utilities Code 955.5) 12. SB 854 (Committee on Budget and Fiscal Review) State and local government. Chaptered 6/20/14 A budget trailer bill, effective immediately, making significant changes to laws pertaining to the administration and enforcement of prevailing wage requirements by the Department of Industrial Relations (DIR). Among other things, established a new public works contractor registration program to replace prior Compliance Monitoring Unit (CMU) and Labor Compliance Program (LCP) requirements for bond-funded and other specified public works projects. (Education Code 17224, and as well as various sections from the Government Code, Health and Safety Code, Labor Code, Public Contract Code, Public Utilities Code and Unemployment Insurance Code) 13. AB 1939 (Daly) Public works: prevailing wages: contractor s costs. Chaptered 7/21/14. Bill authorizing a contractor to bring an action to recover from a hiring party that the contractor directly contracts with any increased costs, including labor costs, penalties and legal fees incurred as a result of any decision by the Department of Industrial Relations, or the Labor and Workforce Development Agency after the time at which the hiring party accepts the contractor s bid, awarding the contractor a bid where no bid is solicited, or otherwise allowing construction to proceed with the work covered by the project, or any portion thereof, as a public work, except under the circumstances specified. (Labor Code 1784) 13

NECA - ELECTRICAL CONTRACTORS of CALIFORNIA TRUST 2014 End of Year Legislative Report

NECA - ELECTRICAL CONTRACTORS of CALIFORNIA TRUST 2014 End of Year Legislative Report NECA - ELECTRICAL CONTRACTORS of CALIFORNIA TRUST 2014 End of Year Legislative Report Politico Group 1127 11 th Street, Suite 747 - Sacramento, CA 95814 PHONE: (916) 444-3770 FAX: (916) 442-6437 www.politicoonline.com

More information

SB 588. Employment: nonpayment of wages: Labor Commissioner: judgment enforcement.

SB 588. Employment: nonpayment of wages: Labor Commissioner: judgment enforcement. SB 588. Employment: nonpayment of wages: Labor Commissioner: judgment enforcement. (1) The Enforcement of Judgments Law provides for the enforcement of money judgments and other civil judgments. Under

More information

PREQUALIFICATION QUESTIONNAIRE

PREQUALIFICATION QUESTIONNAIRE PREQUALIFICATION QUESTIONNAIRE BAW&G/WHW/JWF/172861.2 Revision Date: 01-14/14 1 Contractor Prequalification Package CONTACT INFORMATION Firm Name: Check One: Corporation (as it appears on license) Partnership

More information

ASSEMBLY BILL No. 597

ASSEMBLY BILL No. 597 AMENDED IN ASSEMBLY APRIL 14, 2015 california legislature 2015 16 regular session ASSEMBLY BILL No. 597 Introduced by Assembly Member Cooley February 24, 2015 An act to amend Sections 36 and 877 of, and

More information

ASSEMBLY BILL No. 597

ASSEMBLY BILL No. 597 california legislature 2015 16 regular session ASSEMBLY BILL No. 597 Introduced by Assembly Member Cooley February 24, 2015 An act to amend Sections 36 and 877 of, and to add Chapter 6 (commencing with

More information

2015 ARIZONA LEGISLATIVE AMENDMENTS AFFECTING REAL ESTATE LENDING (May 12, 2015 ACMLA meeting)

2015 ARIZONA LEGISLATIVE AMENDMENTS AFFECTING REAL ESTATE LENDING (May 12, 2015 ACMLA meeting) 2015 ARIZONA LEGISLATIVE AMENDMENTS AFFECTING REAL ESTATE LENDING (May 12, 2015 ACMLA meeting) Following is a summary of legislative amendments enacted during the most recent session (the First Regular

More information

SAN BERNARDINO MOUNTAINS COMMUNITY HEALTHCARE DISTRICT

SAN BERNARDINO MOUNTAINS COMMUNITY HEALTHCARE DISTRICT SAN BERNARDINO MOUNTAINS COMMUNITY HEALTHCARE DISTRICT CONTRACTOR PRE-QUALIFICATION QUESTIONNAIRE 1 PRE-QUALIFICATION QUESTIONNAIRE 000 CONTACT INFORMATION Firm Name: Check One: Corporation (as it appears

More information

California Senate Bill 474 Impact on Owners & Contractors

California Senate Bill 474 Impact on Owners & Contractors California Senate Bill 474 Impact on Owners & Contractors Beginning January 1, 2013, project owners, general contractors ( GC ), construction managers ( CM ) and any lower tier contractor who employs subcontractors

More information

Carmel Unified School District. Prequalification Application For Bleacher and Pressbox Replacement Project at Carmel High School

Carmel Unified School District. Prequalification Application For Bleacher and Pressbox Replacement Project at Carmel High School Carmel Unified School District Prequalification Application For Bleacher and Pressbox Replacement Project at Carmel High School January 4, 2016 1 NOTICE REGARDING PREQUALIFICATION FOR BLEACHER AND PRESSBOX

More information

Construction Defect Action Reform Act

Construction Defect Action Reform Act COLORADO REVISED STATUTES Title 13. Courts and Court Procedure Damages Regulation of Actions and Proceedings Article 20. Actions Part 8. Construction Defect Actions for Property Loss and Damage Construction

More information

OAKLAND UNIFIED SCHOOL DISTRICT FOR LOCAL FIRST TIER SUBCONTRACTORS PREQUALIFICATION QUESTIONNAIRE FOR PROSPECTIVE BIDDERS

OAKLAND UNIFIED SCHOOL DISTRICT FOR LOCAL FIRST TIER SUBCONTRACTORS PREQUALIFICATION QUESTIONNAIRE FOR PROSPECTIVE BIDDERS OAKLAND UNIFIED SCHOOL DISTRICT FOR LOCAL FIRST TIER SUBCONTRACTORS PREQUALIFICATION QUESTIONNAIRE FOR PROSPECTIVE BIDDERS THIS QUESTIONNAIRE MUST BE PRINTED ON BLUE PAPER OAKLAND UNIFIED SCHOOL DISTRICT

More information

PITTSBURG UNIFIED SCHOOL DISTRICT

PITTSBURG UNIFIED SCHOOL DISTRICT PITTSBURG UNIFIED SCHOOL DISTRICT New Construction and Modernization Projects PRE-QUALIFICATION PROGRAM QUESTIONNAIRE FOR PROJECTS $20 MILLION AND OVER TABLE OF CONTENTS PAGE NO. GENERAL INFORMATION.......i

More information

CLAUSES REQUIRED ON ALL HOME IMPROVEMENT CONTRACTS ($500.00 on up)

CLAUSES REQUIRED ON ALL HOME IMPROVEMENT CONTRACTS ($500.00 on up) CLAUSES REQUIRED ON ALL HOME IMPROVEMENT CONTRACTS ($500.00 on up) 1. The name, address and license number of the contractor, and the name and registration number of any salesperson who solicited or negotiated

More information

FOR PROPERTY LOSS AND DAMAGE 1

FOR PROPERTY LOSS AND DAMAGE 1 13-20-801. Short title Colorado Revised Statutes Title 13; Article 20; Part 8: CONSTRUCTION DEFECT ACTIONS FOR PROPERTY LOSS AND DAMAGE 1 This part 8 shall be known and may be cited as the Construction

More information

Adrian G. Driscoll's Representative Experience

Adrian G. Driscoll's Representative Experience Adrian G. Driscoll's Representative Experience Practice Area: Construction, Coverage, Insurance Services, Lawyers, Professional Liability Key Issues: Attorney Malpractice; Attorney's Fees and Costs; Construction

More information

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO Filed 8/27/14 Tesser Ruttenberg etc. v. Forever Entertainment CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying

More information

BANKRUPTCY ISSUES RELATED TO MORTGAGE FORECLOSURES

BANKRUPTCY ISSUES RELATED TO MORTGAGE FORECLOSURES TABAS FREEDMAN Attorneys One Flagler Building 14 Northeast First Avenue, Penthouse Miami, Florida 33132 Telephone 305.375.8171 Facsimile 305.381.7708 www.tabasfreedman.com Gary M. Freedman gfreedman@tabasfreedman.com

More information

Terms and Conditions of Offer and Contract (Works & Services) Conditions of Offer

Terms and Conditions of Offer and Contract (Works & Services) Conditions of Offer Conditions of Offer A1 The offer documents comprise the offer form, letter of invitation to offer (if any), these Conditions of Offer and Conditions of Contract (Works & Services), the Working with Queensland

More information

CIVIL PRACTICE AND PROCEDURE GARNISHMENT CHAPTER 77

CIVIL PRACTICE AND PROCEDURE GARNISHMENT CHAPTER 77 CIVIL PRACTICE AND PROCEDURE GARNISHMENT CHAPTER 77 77.01 Right to writ of garnishment.--every person or entity who has sued to recover a debt or has recovered judgment in any court against any person

More information

CALIFORNIA CONSTRUCTION CONTRACTS, DEFECTS, AND LITIGATION (1st Edition) November 2015 TABLE OF CONTENTS

CALIFORNIA CONSTRUCTION CONTRACTS, DEFECTS, AND LITIGATION (1st Edition) November 2015 TABLE OF CONTENTS CALIFORNIA CONSTRUCTION CONTRACTS, DEFECTS, AND LITIGATION (1st Edition) November 2015 TABLE OF CONTENTS File Name Book Section Title CH01 Chapter 1 Contractor Licensing; Remedies for Unlicensed Work 01-022

More information

VIRGINIA ACTS OF ASSEMBLY -- 2015 SESSION

VIRGINIA ACTS OF ASSEMBLY -- 2015 SESSION VIRGINIA ACTS OF ASSEMBLY -- 2015 SESSION CHAPTER 585 An Act to amend and reenact 38.2-2206 of the Code of Virginia and to amend the Code of Virginia by adding in Article 7 of Chapter 3 of Title 8.01 a

More information

CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR

CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR Filed 2/21/14 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR KB HOME GREATER LOS ANGELES, INC., Petitioner, B246769 (Los Angeles County

More information

29 of 41 DOCUMENTS. SAN DIEGO ASSEMBLERS, INC., Plaintiff and Appellant, v. WORK COMP FOR LESS INSURANCE SERVICES, INC., Defendant and Respondent.

29 of 41 DOCUMENTS. SAN DIEGO ASSEMBLERS, INC., Plaintiff and Appellant, v. WORK COMP FOR LESS INSURANCE SERVICES, INC., Defendant and Respondent. Page 1 29 of 41 DOCUMENTS SAN DIEGO ASSEMBLERS, INC., Plaintiff and Appellant, v. WORK COMP FOR LESS INSURANCE SERVICES, INC., Defendant and Respondent. D062406 COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE

More information

AIA Document A310 TM 2010

AIA Document A310 TM 2010 AIA Document A310 TM 2010 Bid Bond CONTRACTOR: OWNER: «Lane County» «125 East Eighth Avenue BOND AMOUNT: $ PROJECT: (Name, location or address, and Project number, if any) «Lane County Adult Corrections

More information

MANAGING A BUSINESS California Mechanics Liens and Stop Notices Mechanics Liens. Stop Notices. Other Remedies. Procedure.

MANAGING A BUSINESS California Mechanics Liens and Stop Notices Mechanics Liens. Stop Notices. Other Remedies. Procedure. MANAGING A BUSINESS California Mechanics Liens and Stop Notices Mechanics Liens. In the State of California, mechanics liens are provided in the California Constitution. Article XIV, Section 3 of the California

More information

COLLECTING YOUR MONEY THROUGH MECHANIC S LIENS, STOP NOTICES & BONDS

COLLECTING YOUR MONEY THROUGH MECHANIC S LIENS, STOP NOTICES & BONDS COLLECTING YOUR MONEY THROUGH MECHANIC S LIENS, STOP NOTICES & BONDS A Presentation for THE HUMBOLDT BUILDERS EXCHANGE, INC. April 22, 2015 By: Kenneth S. Grossbart Abdulaziz, Grossbart & Rudman P.O. Box

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE B254585

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE B254585 Filed 2/26/15 Vega v. Goradia CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified

More information

NC General Statutes - Chapter 55 Article 14 1

NC General Statutes - Chapter 55 Article 14 1 Article 14. Dissolution. Part 1. Voluntary Dissolution. 55-14-01. Dissolution by incorporators or directors. (a) The board of directors or, if the corporation has no directors, a majority of the incorporators

More information

$&71R SENATE BILL NO. 1105 (SUBSTITUTE FOR SENATE BILL 812 BY SENATOR SCHEDLER)

$&71R SENATE BILL NO. 1105 (SUBSTITUTE FOR SENATE BILL 812 BY SENATOR SCHEDLER) Regular Session, 2001 $&71R SENATE BILL NO. 1105 (SUBSTITUTE FOR SENATE BILL 812 BY SENATOR SCHEDLER) BY SENATOR SCHEDLER AN ACT To enact Part XXV of Chapter 1 of Title 22 of the Louisiana Revised Statutes

More information

LIMITATION OF CERTAIN ACTIONS ACT

LIMITATION OF CERTAIN ACTIONS ACT LIMITATION OF CERTAIN ACTIONS ACT CHAPTER 7:09 Act 36 of 1997 Amended by 2 of 2000 Current Authorised Pages Pages Authorised (inclusive) by L.R.O. 1 18.. L.R.O. 2 Chap. 7:09 Limitation of Certain Actions

More information

State Law in Virginia affecting Local Codes & Ordinances

State Law in Virginia affecting Local Codes & Ordinances State Law in Virginia affecting Local Codes & Ordinances Published as a public service by Page 1 of 15 INTRODUCTION State law changes in Virginia, impact many provisions in the ordinance codes of Virginia

More information

May 2013. This document is not a public record. Amador Water Agency

May 2013. This document is not a public record. Amador Water Agency Gravity Supply Line Project PRE-QUALIFICATION QUESTIONNAIRE May 2013 Amador Water Agency 12800 Ridge Road Sutter Creek, California 95686 Phone:(209) 257-5222 Fax:(209) 257-5295 INVITATION TO PRE-QUALIFY

More information

Kentucky Department of Education Version of Document A312 2010

Kentucky Department of Education Version of Document A312 2010 Kentucky Department of Education Version of Document A312 2010 Performance Bond CONTRACTOR: (Name, legal status and address) SURETY: (Name, legal status and principal place of business) OWNER: (Name, legal

More information

20-28.3. Seizure, impoundment, forfeiture of motor vehicles for offenses involving impaired driving while license revoked or without license and insurance, and for felony speeding to elude arrest. (a)

More information

History: Add. 1971, Act 19, Imd. Eff. May 5, 1971; Am. 1976, Act 89, Imd. Eff. Apr. 17, 1976.

History: Add. 1971, Act 19, Imd. Eff. May 5, 1971; Am. 1976, Act 89, Imd. Eff. Apr. 17, 1976. MOTOR VEHICLE ACCIDENT CLAIMS ACT Act 198 of 1965 AN ACT providing for the establishment, maintenance and administration of a motor vehicle accident claims fund for the payment of damages for injury to

More information

Province of Alberta LIMITATIONS ACT. Revised Statutes of Alberta 2000 Chapter L-12. Current as of December 17, 2014. Office Consolidation

Province of Alberta LIMITATIONS ACT. Revised Statutes of Alberta 2000 Chapter L-12. Current as of December 17, 2014. Office Consolidation Province of Alberta LIMITATIONS ACT Revised Statutes of Alberta 2000 Current as of December 17, 2014 Office Consolidation Published by Alberta Queen s Printer Alberta Queen s Printer 5 th Floor, Park Plaza

More information

Raymond P. Pepe 1 K&L Gates LLP

Raymond P. Pepe 1 K&L Gates LLP Changes Made to the Pennsylvania Mechanics Lien Law to Protect the Priority of Open-End Mortgages and Owners of Residential Property Who Have Paid Contractors Summary Raymond P. Pepe 1 K&L Gates LLP Mechanics

More information

388 Blohm Ave. PO Box 388 Aromas CA 95004-0388 (831)726-3155 FAX (831)726-3951 email aromaswd@aol.com ADDENDUM NO. 1

388 Blohm Ave. PO Box 388 Aromas CA 95004-0388 (831)726-3155 FAX (831)726-3951 email aromaswd@aol.com ADDENDUM NO. 1 388 Blohm Ave. PO Box 388 Aromas CA 95004-0388 (831)726-3155 FAX (831)726-3951 email aromaswd@aol.com May 6, 2015 To: All Plan Holders From: Vicki Morris General Manager Subject: Water Serviceline Installation

More information

NC General Statutes - Chapter 28A Article 19 1

NC General Statutes - Chapter 28A Article 19 1 Article 19. Claims Against the Estate. 28A-19-1. Manner of presentation of claims. (a) A claim against a decedent's estate must be in writing and state the amount or item claimed, or other relief sought,

More information

HP0868, LD 1187, item 1, 123rd Maine State Legislature An Act To Recoup Health Care Funds through the Maine False Claims Act

HP0868, LD 1187, item 1, 123rd Maine State Legislature An Act To Recoup Health Care Funds through the Maine False Claims Act PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney. Be it enacted by the People of the

More information

Morgan Hill Unified SCHOOL DISTRICT PREQUALIFICATION QUESTIONNAIRE FOR PROSPECTIVE BIDDERS. October 19, 2015

Morgan Hill Unified SCHOOL DISTRICT PREQUALIFICATION QUESTIONNAIRE FOR PROSPECTIVE BIDDERS. October 19, 2015 Morgan Hill Unified SCHOOL DISTRICT PREQUALIFICATION QUESTIONNAIRE FOR PROSPECTIVE BIDDERS October 19, 2015 The Morgan Hill Unified School District ( District ) has determined that contractors on future

More information

Provided By Touchstone Consulting Group Workers Compensation Employer Penalties

Provided By Touchstone Consulting Group Workers Compensation Employer Penalties Provided By Touchstone Consulting Group Workers Compensation Employer New Jersey s workers compensation laws determine the benefits available to employees who are injured in the course and scope of employment.

More information

WHAT EVERY ATTORNEY NEEDS TO KNOW ABOUT BANKRUPTCY

WHAT EVERY ATTORNEY NEEDS TO KNOW ABOUT BANKRUPTCY WHAT EVERY ATTORNEY NEEDS TO KNOW ABOUT BANKRUPTCY 6 Nevada Lawyer March 2014 Where to Look BY CANDACE C. CARLYON, ESQ. AND ADAM BOWLER, ESQ. A great starting point in a search for bankruptcy information

More information

SMALL CLAIMS RULES. (d) Record of Proceedings. A record shall be made of all small claims court proceedings.

SMALL CLAIMS RULES. (d) Record of Proceedings. A record shall be made of all small claims court proceedings. SMALL CLAIMS RULES Rule 501. Scope and Purpose (a) How Known and Cited. These rules for the small claims division for the county court are additions to C.R.C.P. and shall be known and cited as the Colorado

More information

Chapter 13: Repayment of All or Part of the Debts of an Individual with Regular Income ($235 filing fee, $39 administrative fee: Total fee $274)

Chapter 13: Repayment of All or Part of the Debts of an Individual with Regular Income ($235 filing fee, $39 administrative fee: Total fee $274) B 201A (Form 201A) (12/09) WARNING: Effective December 1, 2009, the 15-day deadline to file schedules and certain other documents under Bankruptcy Rule 1007(c) is shortened to 14 days. For further information,

More information

SURETY. and Title: (Any additional signatures appear on the last page of this Performance Bond.)

SURETY. and Title: (Any additional signatures appear on the last page of this Performance Bond.) Performance Bond Document A312 2010 CONTRACTOR: (Name, legal status and address) SURETY: (Name, legal status and principal place of business) OWNER: (Name, legal status and address) CONSTRUCTION CONTRACT

More information

FARM LEGAL SERIES June 2015 Mortgage Foreclosures

FARM LEGAL SERIES June 2015 Mortgage Foreclosures Agricultural Business Management FARM LEGAL SERIES June 2015 Mortgage Foreclosures Phillip L. Kunkel, Jeffrey A. Peterson, Jason Thibodeaux Attorneys, Gray Plant Mooty INTRODUCTION If a farm debtor is

More information

Legislative Analysis ABOLISH HOMEOWNER CONSTRUCTION LIEN RECOVERY FUND. House Bills 5830 and 5835 Sponsor: Rep. Richard E. Hammel

Legislative Analysis ABOLISH HOMEOWNER CONSTRUCTION LIEN RECOVERY FUND. House Bills 5830 and 5835 Sponsor: Rep. Richard E. Hammel Legislative Analysis ABOLISH HOMEOWNER CONSTRUCTION LIEN RECOVERY FUND Mitchell Bean, Director Phone: (517) 373-8080 http://www.house.mi.gov/hfa House Bills 5830 and 5835 Sponsor: Rep. Richard E. Hammel

More information

U.S. Bankruptcy Basics

U.S. Bankruptcy Basics SHEPPARD MULLIN SHEPPARD MULLIN RICHTER & HAMPTON LLP A T T O R N E Y S A T L A W U.S. Bankruptcy Basics Sheppard, Mullin, Richter & Hampton LLP Edward H. Tillinghast, III etillinghast@sheppardmullin.com

More information

California Civil Code 2782.05

California Civil Code 2782.05 California Civil Code 2782.05 (a) Except as provided in subdivision (b), provisions, clauses, covenants, and agreements contained in, collateral to, or affecting any construction contract and amendments

More information

The Top 10 Misconceptions About Mechanic s Liens

The Top 10 Misconceptions About Mechanic s Liens Engineering General Contractor s Association (EGCA) Seminar on Construction Law The Top 10 Misconceptions About Mechanic s Liens Tuesday, February 24, 2004 / 8:00 a.m. to 9:30 a.m. This seminar was delivered

More information

CONSUMER LOAN BROKER ACT. 81-19-11. Investigation of applicant; issuance or denial of license; time limit for acting on applications.

CONSUMER LOAN BROKER ACT. 81-19-11. Investigation of applicant; issuance or denial of license; time limit for acting on applications. CONSUMER LOAN BROKER ACT Section 81-19-1. Short title. 81-19-3. Definitions. 81-19-5. License requirement; penalty for violation. 81-19-7. Exclusions from chapter coverage. 81-19-9. License application;

More information

Real Property Levy Guide

Real Property Levy Guide Real Property Levy Guide How to use this Guide 1. Become familiar with conducting a basic (or fundamental) real property levy as described in Category C of this Guide. Category C serves as the standard

More information

Representing Whistleblowers Nationwide

Representing Whistleblowers Nationwide Minnesota False Claims Act Minnesota Stat. 15C.01 to 15C.16) 15C.01 DEFINITIONS Subdivision 1. Scope. --For purposes of this chapter, the terms in this section have the meanings given them. Subd. 2. Claim.

More information

HOUSE BILL No. 2087. By Committee on Insurance 1-26. AN ACT enacting the Kansas professional employer organization licensing

HOUSE BILL No. 2087. By Committee on Insurance 1-26. AN ACT enacting the Kansas professional employer organization licensing Session of 00 HOUSE BILL No. 0 By Committee on Insurance - 0 0 AN ACT enacting the Kansas professional employer organization licensing act. Be it enacted by the Legislature of the State of Kansas: Section.

More information

INDEPENDENT CONTRACTOR AGREEMENT (On Call Real Estate Broker Services)

INDEPENDENT CONTRACTOR AGREEMENT (On Call Real Estate Broker Services) INDEPENDENT CONTRACTOR AGREEMENT (On Call Real Estate Broker Services) THIS AGREEMENT (Contract") is made this 14th day of December, 2010, between the Board of County Commissioners of Sumter County, Florida

More information

RULE 4-1.5 FEES AND COSTS FOR LEGAL SERVICES

RULE 4-1.5 FEES AND COSTS FOR LEGAL SERVICES RULE 4-1.5 FEES AND COSTS FOR LEGAL SERVICES (a) Illegal, Prohibited, or Clearly Excessive Fees and Costs. [no change] (b) Factors to Be Considered in Determining Reasonable Fees and Costs. [no change]

More information

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2015 H 1 HOUSE BILL 741. Short Title: Shift Workers' Bill of Rights. (Public)

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2015 H 1 HOUSE BILL 741. Short Title: Shift Workers' Bill of Rights. (Public) GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 01 H 1 HOUSE BILL 1 Short Title: Shift Workers' Bill of Rights. (Public) Sponsors: Referred to: Representatives Brockman, Baskerville, Harrison, and Fisher (Primary

More information

Defaulted Real Estate Loan Remedies in Tennessee

Defaulted Real Estate Loan Remedies in Tennessee Defaulted Real Estate Loan Remedies in Tennessee Nelwyn Inman Jay Ebelhar ninman@bakerdonelson.com jebelhar@bakerdonelson.com 423.752.4405 901.577.8204 Baker Donelson Offices 2 Tennessee Deed of Trust

More information

Appendix I: Select Federal Legislative. Proposals Addressing Compensation for Asbestos-Related Harms or Death

Appendix I: Select Federal Legislative. Proposals Addressing Compensation for Asbestos-Related Harms or Death Appendix I: Select Legislative Appendix I: Select Federal Legislative is and Mesothelioma Benefits Act H.R. 6906, 93rd 1973). With respect to claims for benefits filed before December 31, 1974, would authorize

More information

Minnesota False Claims Act

Minnesota False Claims Act Minnesota False Claims Act (Minn. Stat. 15C.01 to.16) i 15C.01 DEFINITIONS Subdivision 1. Scope. --For purposes of this chapter, the terms in this section have the meanings given them. Subd. 2. Claim.

More information

False Claims Laws: What Every Public Contract Manager Needs to Know By Aaron P. Silberman 1

False Claims Laws: What Every Public Contract Manager Needs to Know By Aaron P. Silberman 1 False Claims Laws: What Every Public Contract Manager Needs to Know By Aaron P. Silberman 1 When Do False Claims Laws Apply? The federal False Claims Act (FCA) applies to any requests for payment from

More information

PUBLIC CHAPTER NO. 353

PUBLIC CHAPTER NO. 353 ~tate of m:ennessee PUBLIC CHAPTER NO. 353 HOUSE BILL NO. 493 By Representative Sargent Substituted for: Senate Bill No. 601 By Senator Johnson AN ACT to amend Tennessee Code Annotated, Section 6-55-202

More information

Advanced Bankruptcy for Bankers. Candace C. Carlyon, Esq. www.sheacarlyon.com

Advanced Bankruptcy for Bankers. Candace C. Carlyon, Esq. www.sheacarlyon.com Advanced Bankruptcy for Bankers Candace C. Carlyon, Esq. www.sheacarlyon.com 1 Pre Bankruptcy Review loan files, confirm collateral security, obtain as much information as possible Consider timing of remedies

More information

PUBLIC ENTITY RISK MANAGEMENT AUTHORITY MEMORANDUM OF WORKERS COMPENSATION AND EMPLOYERS LIABILITY COVERAGE

PUBLIC ENTITY RISK MANAGEMENT AUTHORITY MEMORANDUM OF WORKERS COMPENSATION AND EMPLOYERS LIABILITY COVERAGE PUBLIC ENTITY RISK MANAGEMENT AUTHORITY MEMORANDUM OF WORKERS COMPENSATION AND EMPLOYERS LIABILITY COVERAGE FOR THE PERIOD JULY 1, 2015 TO JUNE 30, 2016 EFFECTIVE: JULY 1, 2015 PUBLIC ENTITY RISK MANAGEMENT

More information

said subcontractor initiates his work.

said subcontractor initiates his work. 68 1701. Definitions. As used in Sections 1701 through 1707 of this title: 1. "Contractor" includes all prime and general contractors, subcontractors, independent contractors and persons engaged in contract

More information

CODING: Words stricken are deletions; words underlined are additions. hb0087-00

CODING: Words stricken are deletions; words underlined are additions. hb0087-00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A bill to be entitled An act relating to mortgage foreclosures; amending s. 95.11, F.S.; revising the limitations period for commencing

More information

COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA

COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA Filed 10/4/13; pub. order 10/28/13 (see end of opn.) COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA SAN DIEGO ASSEMBLERS, INC., D062406 Plaintiff and Appellant, v. WORK COMP

More information

CHAPTER 260. AN ACT concerning employee leasing companies. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:

CHAPTER 260. AN ACT concerning employee leasing companies. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey: CHAPTER 260 AN ACT concerning employee leasing companies. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey: C.34:8-67 Definitions relative to employee leasing companies. 1. For

More information

NEW MEXICO SELF-INSURERS' FUND WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY PLAN

NEW MEXICO SELF-INSURERS' FUND WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY PLAN NEW MEXICO SELF-INSURERS' FUND WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY PLAN In return for the payment of the premium and subject to all terms of this Policy, we agree with you as follows. GENERAL

More information

MARYLAND DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT SMALL PROCUREMENT CONTRACT (FOR CONTRACTS OF $25,000 OR LESS) [Insert Contract Name and No.

MARYLAND DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT SMALL PROCUREMENT CONTRACT (FOR CONTRACTS OF $25,000 OR LESS) [Insert Contract Name and No. MARYLAND DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT SMALL PROCUREMENT CONTRACT (FOR CONTRACTS OF $25,000 OR LESS) [Insert Contract Name and No.] THIS CONTRACT (the Contract ) is made as of the day

More information

Bill 34 The New Limitation Act: Significant Changes and Transition Issues Explained

Bill 34 The New Limitation Act: Significant Changes and Transition Issues Explained Bill 34 The New Limitation Act: Significant Changes and Transition Issues Explained A Presentation for CLE Employment Law Conference 2013 Pan Pacific Hotel Vancouver, BC May 9, 2013 Carman J. Overholt,

More information

Accountability Report Card Summary 2013 Massachusetts

Accountability Report Card Summary 2013 Massachusetts Accountability Report Card Summary 2013 Massachusetts Massachusetts has a relatively good state whistleblower law: Scoring 64 out of a possible 100 points; and Ranking 11 th out of 51 (50 states and the

More information

UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF MICHIGAN ORIGINAL CHAPTER 13 PLAN

UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF MICHIGAN ORIGINAL CHAPTER 13 PLAN UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF MICHIGAN In Re: Debtor(s), / Case #: Chapter 13 Hon. Filed: ORIGINAL CHAPTER 13 PLAN Check this box if this plan deviates in any way from the

More information

HOMEOWNERS ASSOCIATIONS AND BANKRUPTCY - STRATEGIES

HOMEOWNERS ASSOCIATIONS AND BANKRUPTCY - STRATEGIES HOMEOWNERS ASSOCIATIONS AND BANKRUPTCY - STRATEGIES DENNIS J. LeVINE, ESQ. Fla. Bar No. 375993 Dennis LeVine & Associates, P.A. P.O. Box 707 Tampa, Florida 33601 (813) 253-0777 (813) 253-0975 (fax) dennis@bcylaw.com

More information

AIA Document A312 - Electronic Format. Performance Bond

AIA Document A312 - Electronic Format. Performance Bond AIA Document A312 - Electronic Format Performance Bond THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES: CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION

More information

INDEPENDENT CONTRACTOR AGREEMENT (ICA)

INDEPENDENT CONTRACTOR AGREEMENT (ICA) INDEPENDENT CONTRACTOR AGREEMENT (ICA) (This agreement is not a construction contract within the meaning of Civil Code section 2783, and is not an agreement for the provision of construction services within

More information

NPSA GENERAL PROVISIONS

NPSA GENERAL PROVISIONS NPSA GENERAL PROVISIONS 1. Independent Contractor. A. It is understood and agreed that CONTRACTOR (including CONTRACTOR s employees) is an independent contractor and that no relationship of employer-employee

More information

COMMENTARY. California s New Subcontractor Defense Regime for Non-Residential Projects: Creating Order or Chaos?

COMMENTARY. California s New Subcontractor Defense Regime for Non-Residential Projects: Creating Order or Chaos? May 2013 JONES DAY COMMENTARY California s New Subcontractor Defense Regime for Non-Residential Projects: Creating Order or Chaos? As explained in a recent Commentary (available at http://www.jonesday.com/navigating_treacherous_

More information

CALIFORNIA FALSE CLAIMS ACT GOVERNMENT CODE SECTION 12650-12656

CALIFORNIA FALSE CLAIMS ACT GOVERNMENT CODE SECTION 12650-12656 CALIFORNIA FALSE CLAIMS ACT GOVERNMENT CODE SECTION 12650-12656 12650. (a) This article shall be known and may be cited as the False Claims Act. (b) For purposes of this article: (1) "Claim" includes any

More information

Michigan Association of County Treasurers 2013 Summer Conference Crystal Mountain August 11-14, 2013 BANKRUPTCY

Michigan Association of County Treasurers 2013 Summer Conference Crystal Mountain August 11-14, 2013 BANKRUPTCY Michigan Association of County Treasurers 2013 Summer Conference Crystal Mountain August 11-14, 2013 BANKRUPTCY Monday, August 12, 2013 9:30 a.m. 10:30 a.m. Presented by: John R. Axe of Axe & Ecklund,

More information

MINNESOTA FALSE CLAIMS ACT. Subdivision 1. Scope. --For purposes of this chapter, the terms in this section have the meanings given them.

MINNESOTA FALSE CLAIMS ACT. Subdivision 1. Scope. --For purposes of this chapter, the terms in this section have the meanings given them. As amended by Chapter 16 of the 2013 Minnesota Session Laws. 15C.01 DEFINITIONS MINNESOTA FALSE CLAIMS ACT Subdivision 1. Scope. --For purposes of this chapter, the terms in this section have the meanings

More information

Chapter 213. Enforcement of Texas Unemployment Compensation Act... 2 Subchapter A. General Enforcement Provisions... 2 Sec. 213.001.

Chapter 213. Enforcement of Texas Unemployment Compensation Act... 2 Subchapter A. General Enforcement Provisions... 2 Sec. 213.001. Chapter 213. Enforcement of Texas Unemployment Compensation Act... 2 Subchapter A. General Enforcement Provisions... 2 Sec. 213.001. Representation in Court... 2 Sec. 213.002. Prosecution of Criminal Actions...

More information

PENNSYLVANIA BUILDERS ASSOCIATION INSTRUCTIONS TO HOME IMPROVEMENT MODEL CONTRACT STANDARD FORM Introduction

PENNSYLVANIA BUILDERS ASSOCIATION INSTRUCTIONS TO HOME IMPROVEMENT MODEL CONTRACT STANDARD FORM Introduction PENNSYLVANIA BUILDERS ASSOCIATION INSTRUCTIONS TO HOME IMPROVEMENT MODEL CONTRACT STANDARD FORM Introduction Below are instructions for use with the Home Improvement Model Contract Standard Form, which

More information

Motor Accidents Compensation Amendment (Claims and Dispute Resolution) Act 2007 No 95

Motor Accidents Compensation Amendment (Claims and Dispute Resolution) Act 2007 No 95 New South Wales Motor Accidents Compensation Amendment (Claims and Dispute Contents Page 1 Name of Act 2 2 Commencement 2 3 Amendment of Motor Accidents Compensation Act 1999 No 41 2 4 Amendment of other

More information

THE STATE OF FLORIDA...

THE STATE OF FLORIDA... TABLE OF CONTENTS I. THE STATE OF FLORIDA... 2 A. FREQUENTLY CITED FLORIDA STATUTES... 2 1. General Considerations in Insurance Claim Management... 2 2. Insurance Fraud... 5 3. Automobile Insurance...

More information

BOND AGREEMENT: IRREVOCABLE LETTER OF CREDIT FOR COMPLETION OF IMPROVEMENTS

BOND AGREEMENT: IRREVOCABLE LETTER OF CREDIT FOR COMPLETION OF IMPROVEMENTS BOND AGREEMENT: IRREVOCABLE LETTER OF CREDIT FOR COMPLETION OF IMPROVEMENTS All property owners on record with Tooele County MUST be listed as Applicants. They must each sign and have their signatures

More information

Home Equity Conversion Mortgage (Reverse Mortgage) This Mortgage ("Security Instrument") is given on (date). The Mortgagor is (Name), of

Home Equity Conversion Mortgage (Reverse Mortgage) This Mortgage (Security Instrument) is given on (date). The Mortgagor is (Name), of Home Equity Conversion Mortgage (Reverse Mortgage) This Mortgage ("Security Instrument") is given on (date). The Mortgagor is (Name), of (street address, city, county, state, zip code), hereafter called

More information

Maryland, like several states in the Mid Atlantic, has a two tier judicial structure at the trial level.

Maryland, like several states in the Mid Atlantic, has a two tier judicial structure at the trial level. Maryland Debt Collection Laws Submitted Thomas A. Mauro, Esq., Mauro Law Offices, P.C. www.tmaurolaw.com Published by The National List of Attorneys www.nationallist.com Thomas A. Mauro is the senior member

More information

Legal Aspects of Real Estate Course Syllabus

Legal Aspects of Real Estate Course Syllabus Legal Aspects of Real Estate Course Syllabus Chapter 1: An Introduction to Law and the Legal System The Role of Law The Roots of U.S. Law Criminal and Civil Law Sources of Law Constitutions Legislatures:

More information

SOUTH CAROLINA LIEN AND BOND CLAIMS

SOUTH CAROLINA LIEN AND BOND CLAIMS SOUTH CAROLINA LIEN AND BOND CLAIMS William ( Trey ) W. Watkins, Jr. 145 King Street, Suite 300 Charleston, SC 29401 843-329-9500 1 Introduction to Surety 3 Main differences between Insurance and Bonds

More information

Litigation Involving The Developer, Homeowners Associations, and Lenders

Litigation Involving The Developer, Homeowners Associations, and Lenders www.becker-poliakoff.com edehaan@becker-poliakoff.com Litigation Involving The Developer, Homeowners Associations, and Lenders By E. Richard Kennedy, Esq. & Ellen Hirsch de Haan, Esq. edehaan@becker-poliakoff.com

More information

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: CHAPTER 1 PRELIMINARY PROVISIONS

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: CHAPTER 1 PRELIMINARY PROVISIONS PROFESSIONAL EMPLOYER ORGANIZATION ACT Act of Jul. 5, 2012, P.L. 946, No. 102 An Act Cl. 77 Providing for professional employer organizations. TABLE OF CONTENTS Chapter 1. Section 101. Section 102. Section

More information

G.S. 20-279.21 Page 1

G.S. 20-279.21 Page 1 20-279.21. "Motor vehicle liability policy" defined. (a) A "motor vehicle liability policy" as said term is used in this Article shall mean an owner's or an operator's policy of liability insurance, certified

More information

CHAPTER 32-09.1 GARNISHMENT

CHAPTER 32-09.1 GARNISHMENT CHAPTER 32-09.1 GARNISHMENT 32-09.1-01. Definitions. In this chapter, unless the context or subject matter otherwise requires: 1. "Defendant" means every judgment debtor. 2. "Disposable earnings" means

More information

PURCHASE ORDER TERMS AND CONDITIONS

PURCHASE ORDER TERMS AND CONDITIONS PURCHASE ORDER TERMS AND CONDITIONS 1. DEFINITIONS: In these Terms and Conditions and all documents related to the Purchase Order: Purchaser means the entity issuing the Purchase Order as identified on

More information

Residential Lease. Form 11-5. Basic Terms. Date: Landlord: Landlord s Address: Tenant: Tenant s Address: Premises. Street address/suite:

Residential Lease. Form 11-5. Basic Terms. Date: Landlord: Landlord s Address: Tenant: Tenant s Address: Premises. Street address/suite: Basic Terms Date: Landlord: Landlord s Address: Tenant: Tenant s Address: Premises Street address/suite: City, state, zip: Monthly Rent: Include or attach any additional necessary legal description. Term

More information

Memorandum Potentially Affected AIA Contract Documents AIA Document A105 2007 AIA Document B105 2007 Important Information

Memorandum Potentially Affected AIA Contract Documents AIA Document A105 2007 AIA Document B105 2007 Important Information Memorandum Important information related to requirements of state or local laws to include additional provisions in residential construction contracts Potentially Affected AIA Contract Documents AIA Document

More information