On December 13, 2019, I will be giving a presentation on construction-related topics arising from commercial lease improvements. The presentation is part of a two-day seminar on Advanced Commercial Real Estate Leases, co-chaired by my colleague, John A. Fandel, and hosted by Law Seminars International. Topic will include insurance coverage, mechanic’s liens, scheduling, indemnity, safety,
New Fall Protection Regulations Being Studied
The Washington Department of Labor & Industries, Division of Occupational Safety and Health, is considering changes to Washington’s fall protection regulations. These are rules intended to protect construction workers from injury caused by falls on a jobsite. The Division has been interested in this topic since 2013, when the federal Occupational Safety and Health Administration
California Contractors State License Board (CSLB) Issues FAST FACTS for Contractor Referral Businesses
There is no doubt that our national economy relies heavily on e-commerce. This is true with regard to contractors in California as well. As individuals and businesses look for quality builders, trades and services in the construction field, they look for sources of on-line information to evaluate whom to hire. Would you think that an
Solar PPA Provider That Only “Arranges” Installation of System It Owns Is Not a “Contractor” in California
In the recently issued but unpublished decision Reed v. SunRun, Inc. (Los Angeles County Super. Ct. No. BC498002, Feb. 2, 2018), the Second District Court of Appeal ruled that a solar power purchase agreement (“PPA”) provider that only sells solar energy to homeowners is not required to be a licensed California contractor under certain
Criminal Charges for Contractor in Trench Collapse
A contractor’s duty to provide a safe workplace includes a duty to comply with safety regulations about worksite conditions, worker equipment, and work methods. Those regulations are enforced by the Washington Department of Labor and Industries (“L&I”), which has authority to inspect worksites and to impose fines and stop work orders.
In a recent case,
Best Practices for Staying Off of OSHA’s “Naughty List”
Construction projects, both big and small, pose a host of safety risks and challenges and, as a result, are subject to a number of regulations designed to limit the probability and severity of jobsite accidents. In my latest article for the Daily Journal of Commerce, I discuss common violations, some recent regulatory changes, best
Oregon Supreme Court Rules That the Practice of Architecture Includes Development of Master Plans
In a rare opportunity to interpret Oregon’s statutory requirements for licensure of architects, the Oregon Supreme Court recently held that the development of master plans constitutes the “practice of architecture”—even if constructible drawings and specifications are not contemplated or produced.
The case, Twist Architecture & Design, Inc. v. Oregon Board of Architect Examiners, 361 Or 507, 395 P3d 574 (2017), stemmed from a determination by the Board of Architect Examiners (the “Board”) that Seattle based firm Twist Architecture & Design, Inc. and two of its principals who were not licensed in Oregon (collectively “Twist”) engaged in the unlawful practice of architecture and unlawfully represented themselves as architects in violation of ORS 671.020—Oregon’s statute containing the licensure requirement—when they prepared master plans for three proposed commercial developments in Oregon.
Think the ADA preempts contractual risk shifting? Not so fast, says the Ninth Circuit.
Rejecting an argument that the ADA preempts all contractual claims for indemnity and contribution, the Ninth Circuit recently upheld a public owner’s right to seek contribution for damages arising out of ADA violations caused by the designer and contractor of a transportation facility. See City of Los Angeles v. AECOM Services, Inc. (here).
Important Lessons from Record-Setting Settlement in Building Collapse Case
Having lived in Philadelphia in 2013 when the four-story “Hoagie City” building collapsed during demolition and toppled the neighboring Salvation Army thrift store, killing seven people and injuring 12 others, I closely followed the recent civil trial that resulted in a $227 million settlement of the plaintiffs’ personal injury and wrongful death claims—a reported record
Buyer Beware: Oregon Courts Will Enforce Anti-Assignment Provisions in Insurance Policies
An anti-assignment provision in an insurance policy may prohibit the insured from assigning its rights under the policy. In my latest DJC article, I discuss a recent decision by the Oregon Court of Appeals, in which a claimant learned the hard way that Oregon courts will not hesitate to enforce an anti-assignment provision in an