Client Alerts & Publications
Highest California Court Issues Two Decisions on the Prevailing Wage Law Narrowing the Scope of Its Coverage
Authors: Nathan A. Cohen,
Published Date: November 1, 2021
The California Supreme Court recently issued two important decisions reinterpreting and limiting the historically broad application of California’s prevailing wage law: Mendoza v. Fonseca McElroy Griding Co.[1] and Busker v. Wabtec Corp[2] Compliance with California’s prevailing wage law on public works projects has always been challenging for contractors and subcontractors due to the broad language used and the harsh penalties [...] Read More
REMOTE WORKING, VACCINES AND EMPLOYER OBLIGATIONS UNDER THE AMERICANS WITH DISABILITIES ACT
Authors: Kevin J. O’Connor, Stephen E. Irving,
Published Date: October 19, 2021
The last eighteen months have brought tumultuous change for employers due to the COVID-19 pandemic. The pandemic has been a great disruptor, and has brought rules, regulations and related agency guidance that have served to overwhelm even the most conscientious and attentive employer. The welcomed arrival of COVID-19 vaccines has, in many respects, caused many employers even more confusion on [...] Read More
Project Delivery Methods: A Bird’s-Eye View
Authors: Levi W. Barrett, Nathan A. Cohen,
Published Date: October 12, 2021
This article was written for the ConsensusDocs newsletter and first appeared here For centuries the ability to construct sophisticated structures has been the yardstick for measuring civilizations. Naturally, as our knowledge and capacity to build has evolved and developed over the ages, the methods of project delivery have similarly progressed. From Design-Bid-Build to CM-at-Risk and Design-Build to Integrated Project Delivery, [...] Read More
Liquidated Damages: Six Points Contractors Should Understand
Authors: Christopher B. Kinzel,
Published Date: October 6, 2021
New York Partner Christopher B. Kinzel authored, “Liquidated Damages: Six Points Contractors Should Understand,” which appeared on ConstructionExec.com on October 6, 2021. Christopher’s article serves as a practical and important guide on how to manage and leverage liquidated damages. He states, “It is important to understand the basic definition of a legally enforceable liquidated damages clause. Liquidated damages are a [...] Read More
When Construction Defects Appear, Don’t Choose Between Rebuilding and Building Your Case
Authors: Curtis W. Martin,
Published Date: September 8, 2021
This article was written for the ConsensusDocs newsletter and first appeared here. When construction defects occur during construction, they intensify pressure from a schedule that may already be tight. Defects must be analyzed, confirmed, removed, and replaced and this can be time consuming. Or course, a construction schedule rarely anticipates defects, demolition, and rework and the owner will still expect [...] Read More
