An access easement is a key link in the legal chain when builders need to cross another’s land to develop property. A poorly drafted easement could hobble an entire development. Counsel should always be consulted to avoid the crippling impact of a development held hostage. Here are eight tips to remember in reviewing an access easement where the developer is seeking easement rights.
Is Late Notice A Big Deal? Ninth Circuit Asks For An Opinion From CA Supreme Court On Insurance Question
So, what’s the big deal if you’re a little “late” in giving your insurer notice of the claim or lawsuit against your company? That’s the question, albeit in essence, that the Ninth Circuit has posed to the California Supreme Court recently in an Order Certifying Questions, Pitzer College v. Indian Harbor Insurance Co.
Specifically, the Ninth Circuit is asking for legal insight as to the following:
1. Is California’s common law notice-prejudice rule a fundamental public policy for the purpose of choice-of-law analysis? May common law rules, other than unconscionability not enshrined in statute, regulation, or the constitution, be fundamental public policies for the purpose of choice-of-law analysis?
2. If the notice-prejudice rule is a fundamental public policy for the purpose of choice-of-law analysis, can a consent provision in a first-party claim insurance policy be interpreted as a notice provision such that the notice-prejudice rule applies?
OSHA’s New Dust Exposure Rule and Its Potential Impact on Construction Industry
On March 24, 2016, the Occupational Safety and Health Administration (“OSHA”) issued its final rule related to admissible exposure to respirable crystalline silica. The new rule, which dramatically reduces the permissible exposure limit (“PEL”) of respirable crystalline silica from 250 micrograms per cubic meter of air to 50 micrograms per cubic meter of air (an
California CSLB’s Reminder for C-57 Licensees
In the midst of a serious California drought, water concerns have brought with it a rise in well drilling. Today, the California Contractors State License Board sent out a timely reminder that C-57 well drilling licensees in the Central Valley must register portable internal combustion engines of 50 horsepower or greater used to power drilling
Construction Projects and the Clean Water Act: Revised Turbidity Standards for NPDES Permits
Authored by Daniel Lee
On March 6, 2014, EPA revised its Clean Water Act regulations for construction projects that are required to obtain NPDES permits for discharges of stormwater and other wastewater. The revised regulations clarify required management practices and provide some additional flexibility for implementing them. The revisions include three elements.
First, the rule provides a
Four Stoel Rives Partners to Speak at the 18th Annual Oregon Construction Law Seminar
On September 26 and 27, 2013, The Seminar Group will present its 18th Annual Oregon Construction Law seminar in Portland, Oregon. I will be speaking about Integrated Project Delivery, which is an emerging project delivery method emphasizing collaboration among project participants. Three of my partners also will be presenting: Guy Randles, program co-chair, will speak
Oregon Construction Law Seminar
On September 20 & 21, 2012, The Seminar Group will present its 17th Annual Oregon Construction Law seminar in Portland, Oregon. I will be speaking at the seminar about frequently negotiated provisions in owner-contractor and owner-architect agreements, including waivers of consequential damages, indemnification, insurance, warranties and claims. Two additional Stoel Rives’ partners will be speaking
Corps of Engineers reissues nationwide permit program
Developers, contractors and designers, take note: the Corps of Engineers has reissued its Section 404 nationwide permit program. Our colleagues in the Environmental Law Group summarize the notable changes in this Legal News Alert.
Owners and developers: keep your eye on Section 106 compliance
A recent federal court decision underscores how a federal agency’s failure to comply with Section 106 of the National Historic Preservation Act can impact construction projects.
Section 106 is a procedural statute that requires each federal agency to take into account the effect of its “undertakings” on properties listed on or eligible for listing on
New Standards for NPDES Permits
Owners, contractors and designers should be aware of new requirements for National Pollutant Discharge Elimination System (NPDES) permits for stormwater discharges associated with construction activity. The Environmental Protection Agency (EPA) issued final regulations establishing effluent limitations guidelines and new source performance standards for stormwater discharges from construction sites.
Although the final regulations