From the category archives: Legal

Legal

Don’t Mess With Texas Construction...Until You Know the Rules

Between 2010 and 2016, Texas’ population grew at the second-greatest rate in the country, accompanied by increased demand for residential, retail and commercial space. With companies such as State Farm and Toyota relocating company headquarters to North Texas, contractors nationwide are dedicating more resources to Texas than ever before. 

Wise contractors will be wary of the unique Texas laws that affect them. With proper understanding and preparation, contractors can save the pain and expense of subsequent litigation. 

Bringing Balance Back to the NLRB

Although its purpose is to interpret the National Labor Relations Act in a fair and impartial way, the National Labor Relations Board (NLRB) has suffered through nearly a decade of unprecedented partisan legal decisions that have the chance to reshape the entire American workforce. 

Bradley Named 'Law Firm of the Year' by U.S. News

Associated Builders and Contractors (ABC) member Bradley was recently named the nation’s “Law Firm of the Year” for Construction Law in the 2018 “Best Lawyers” edition of U.S. News.One law firm is selected from each legal practice area as the “Law Firm of the Year.”

Don’t Overlook Federal Rule of Evidence 404(b) in Civil Construction Cases

Federal Rule of Evidence 404(b) is significantly underutilized in civil construction cases. Ordinarily thought of as a criminal evidentiary statute, Rule 404(b) excludes evidence of a person’s character or actions as proof that the person acted in conformity with that character attribute. However, there are exceptions to the rule, such as prior knowledge, motive or lack of mistake. Though seldom used in construction cases, these and other exceptions allow savvy counsel to include evidence that might not ordinarily be admitted in a civil construction case. 

Stay Compliant With the Updated NPDES Permit

  During the past decade, lawsuits arising from violations of federal and state environmental regulations have made environmental compliance a critical topic. In particular, the National Pollutant Discharge Elimination System (NPDES) Construction General Permit covering stormwater discharges from construction activities has been a major issue for the construction industry. 

Jersey City Adopts PLA Requirements

  City councilmembers voted 6-3 to approve a measure that rewrites Jersey City’s project labor agreements (PLAs) to require developers to hire union and local workers for city-subsidized construction projects exceeding $25 million. Specifically, the revamped PLAs require women or minority workers who are Jersey City residents to comprise at least 20 percent of the workforce on jobs subject to the agreements. 

Crane Operator Requirement Delayed Another Year

OSHA’s mandatory crane operator certification requirement, which was supposed to take effect this month after an initial implementation date of 2014, has been delayed again until November 2018. The latest extension stems from President Trump’s directive that federal agencies review pending regulations.

Three Contract Options for Differing Site Conditions

The only limit the parties have in drafting a site conditions provision contract is their own creativity in crafting a site conditions business deal. 

Stay Ahead of the Contractual Curve

  Construction is a risky business and so is predicting the future. Looking forward, two types of general contractors will exist: those that embrace change and plan accordingly, and those that stay the course and sink. Industry standard contracts establish the foundation for risk in construction, and they are changing too. 

Save Local Business Act Would Rein in ‘Joint Employer’ Standard

The Save Local Business Act, sponsored by Bradley Byrne (R-Ala.) with the bipartisan support of 29 co-sponsors, would restore the language used to determine when one business should be considered responsible for the labor practices of another, protecting businesses from unnecessary involvement in labor negotiations and disputes involving workplaces in which they do not have direct control.
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Bringing Balance Back to the NLRB
Although its purpose is to interpret the National Labor Relations Act in a fair...

2018 Regional Construction Outlook
Starting in 2012, the construction sector generally has turned in stronger growth...

The DNA of Giving Back
This month marks 89 years in business for Vogel Bros. Building Co., a fifth...

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