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Doug Hanson

The Punch List provides you with a review of current state and federal cases, as well as legislative and regulatory changes, affecting the construction industry. Some of the topics include contracts, classification of workers, construction bidding, independent contractors, negligence, construction defects, liens, insurance claims, and various other important topics in the industry.  Click on the subscription button below to customize your updates.
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A general contractor’s expensive lesson on indemnification

Monday, 02 June 2014 08:28


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A Michigan Appeals Court recently dismissed a general contractor’s claim for indemnification, holding a claim for common law indemnification must be based on derivative liability, not direct liability.

   

Method of payment oversight results in loss to contractor

Monday, 19 May 2014 09:36


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Do you remember the last time you entered into a construction contract and failed to specifically agree to the ultimate price and how or when payments should be made?  I don’t, but, believe it or not, it happens.  A recent case by the Missouri Court of Appeals demonstrates how courts often approach these types of situations.

   

Minnesota Court provides clarification as to faulty construction claims

Tuesday, 15 April 2014 10:06


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On The Court of Appeals of Minnesota recently decided a case of first impression regarding the definition of “substantially completed” in the context of construction.  The court found that Minnesota’s ten-year statute of repose for damages arising out of defective or unsafe conditions of an improvement to real property begins to run on the date of substantial completion of the construction, not the date the certificate of occupancy is issued.

   

Client Alert: Lawsuit to Enjoin Portions of OFCCP’s New Disability Regs Fails; Regs Take Effect Today

Monday, 24 March 2014 14:01


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By Chase Fisher

On Friday, March 21, 2014, the United States District Court for the District of Columbia rejected challenges to the OFCCP’s revisions to the rules implementing Section 503 of the Rehabilitation Act.  As a result, those revisions took effect on March 24, 2014 (the opinion can be viewed here).  Associated Builders and Contractors (“ABC”) had challenged the revisions that will require construction contractors to meet new data collection and analysis requirements.  The lawsuit was previously addressed in more detail in a blog post here.

   

General contractor on hook for discrimination suit by subcontractor’s former employees

Tuesday, 18 March 2014 08:27


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The Sixth Circuit Court of Appeals has held that a general contractor can be liable as a joint employer in a discrimination suit by a subcontractor’s employees.  Specifically, the court held that the general contractor was liable for violations of Title VII, which prohibits discrimination because of an individual’s race, color, religion, sex or national origin.  Title VII also prohibits retaliation against employees because of their opposition to any employer violation of Title VII.

   

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