Seth A. Niederman – July 20, 2012 Delaware recently passed House Bill No. 109, which amends Delaware’s laws regarding Building Construction Payments. Two notable revisions which may be of interest to our readers: The amendments clarify when fees and costs may be awarded and the standard for awarding fees (see previous post on recovery of attorney’s fees here). Specifically, the… Continue reading Delaware Amends Building Construction and Payment Statute
Category: Construction
Insurers Urge Incentives for States to Adopt Stronger Building Codes
July 24, 2012 Property/casualty insurers are backing a measure in Congress to incentivize states to adopt stronger building codes. The National Association of Mutual Insurance Companies (NAMIC) told members of a House panel today that the measure they are considering would help to save lives and reduce the need for federal disaster aid for the… Continue reading Insurers Urge Incentives for States to Adopt Stronger Building Codes
Court Broadly Defines Subcontractors Who Qualify For Payment Bond Claims
Edward Lozowicki and Scott A. Vignos – June 19, 2012 Can a supplier of construction materials be considered a “subcontractor” for purposes of enforcing its claim on a public works payment bond? The answer is “yes” according to a recent decision of the California Court of Appeal. In Eggers Industries v. Flintco, Inc., et al.,… Continue reading Court Broadly Defines Subcontractors Who Qualify For Payment Bond Claims
Ninth Circuit Upholds State Building Code Provision under EPCA Preemption Exemption
David Erickson and Mark Anstoetter – July 13, 2012 The Ninth Circuit Court of Appeals has upheld energy-efficiency provisions in Washington state’s building code under a preemption-exemption provision in the Energy Policy and Conservation Act (EPCA). Bldg. Indus. Ass’n of Wash. v. Wash. State Bldg. Code Council, No. 11-35207 (9th Cir. 6/25/12). The panel’s unanimous… Continue reading Ninth Circuit Upholds State Building Code Provision under EPCA Preemption Exemption
No More Opting Out of Rule for Renovation of Buildings Containing Lead Paint
Jennifer Sulla – July 17, 2012 On June 22, 2012, the US Court of Appeals for the DC Circuit upheld the US Environmental Protection Agency’s (EPA) removal of the opt-out provision for work that disturbs lead-based paint in pre-1978 housing. The opt-out provision would have allowed those homeowners who certified that there were no children… Continue reading No More Opting Out of Rule for Renovation of Buildings Containing Lead Paint