General Contractors Defeat Claim of Joint Employer Status

Noel P. Tripp – May 19, 2014 Individuals employed by subcontractors in construction (and other industries) from time to time seek to go “up the food chain” and assert that control was exerted by general contractors on their job sites sufficient to render those general contractors “joint employers” for purposes of the wage laws.  The goal of… Continue reading General Contractors Defeat Claim of Joint Employer Status

TN Home Improvement Contractor Licensing Bill to Watch

Amy L. Pierce – May 19, 2014 On January 23 and February 3, House Bill 2297 and Senate Bill 2051 were introduced, proposing to amend Title 62, Chapter 6, Part 5 of the Tennessee Code to expand home improvement contractor licensing and other requirements to the entire state, to clarify the meaning of owner, contractor, and commissioner, and to… Continue reading TN Home Improvement Contractor Licensing Bill to Watch

Superstorm Sandy May Help Change New Jersey Court View on Recovery of Attorneys’ Fees

Larry Bache – May 17, 2014 Florida law allows first-party claimants to recover attorneys’ fees in the event litigation is required for an insured to be made whole.1 New Jersey has a similar rule with a dramatic difference. New Jersey Rule 4:42-9(a)(6) provides: (a) Actions in Which Fee Is Allowable. No fee for legal services… Continue reading Superstorm Sandy May Help Change New Jersey Court View on Recovery of Attorneys’ Fees

Colorado Legislature Considering Construction Defect Litigation Reform

Amy K. Hansen – May 2, 2014 Senator Ulibarri’s Homeownership Opportunity Act (SB 14220) was finally introduced Wednesday evening. This much anticipated bill represents a moderate compromise with bipartisan support to address construction defect litigation in condominium projects. As has been widely reported in the media, there are very few condominiums being constructed in Colorado, an… Continue reading Colorado Legislature Considering Construction Defect Litigation Reform

Construction and Procurement Law News

Monica Wilson Most contractors know that they need a license prior to execution of a construction contract. But in many states, the time to obtain a license begins long before execution. In Florida, for example, not only must a contractor be licensed to submit a bid, a contractor must also be licensed in order to… Continue reading Construction and Procurement Law News