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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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Client Alert: OFCCP posts new FAQs clarifying Section 503 and VEVRAA regulations

Thursday, 06 March 2014 11:21


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Significant changes to OFCCP regulations are set to take effect beginning March 24, 2014.  These changes will affect numerous areas of compliance from job advertisements to required AAP content.  To assist, the OFCCP has recently published additional FAQs addressing such topics as general implementation, data collection analysis, the equal opportunity clause, reasonable accommodation and utilization goals under Section 503.

   

Retaliating against employees who raise safety concerns

Tuesday, 25 February 2014 16:09


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Firing or taking other adverse employment actions against an employee who has raised safety concerns, can create liability for an employer. A recent Seventh Circuit Court of Appeals decision addressed the claims of an employee who alleged, among other things, that his employer, a construction company, violated the Surface Transportation Assistance Act (STAA). The federal district court dismissed the employee’s claim. On appeal, the Seventh Circuit, reversed the district court’s decision, and found the employee presented sufficient evidence that he had engaged in protected activity under the STAA by voicing safety concerns to his employer.

   

Contractor succeeds with compelling arbitration

Tuesday, 18 February 2014 11:25


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The United States District Court of Puerto Rico held that an arbitration clause contained in a contractor’s roof warranty mandated arbitration of all claims regarding workmanship, defective installation, or defective materials related to the roof.  Such an interpretation is consistent with the strong federal pro-arbitration policy.

   

ABC’s problem with the OFCCP, and other fun Acronyms

Monday, 10 February 2014 09:56


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Federal contractors and subcontractors should take note.  The Office of Federal Contract Compliance Programs (“OFCCP”) of the U.S. Department of Labor has published two final rules that are set to become effective on March 24, 2014.  On that date, federal contractors who meet certain minimum thresholds will be expected to comply with changes to section 503 of the Rehabilitation Act (“section 503”) and the Vietnam Era Veterans’ Readjustment Assistance Act (“VEVRAA”).  Notably, not all of the changes will be implemented as of March 24.  The affirmative action obligations by federal contractors/subcontractors, which are the most time-intensive and stringent of the changes, must be complied with by the federal contractor’s/subcontractor’s next affirmative action plan year on or after March 24, 2014.

   

Adverse inferences from contractor’s use of Fifth Amendment privilege

Friday, 07 February 2014 16:22


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A company hired a contractor to build out its recently purchased commercial property.  Under the terms of the contract, the construction was anticipated to take around 6 months and cost approximately $600,000.  The contract provided that the company would pay cash up front for labor and materials pursuant to invoices created by the contractor for work that was forecasted.  Several months into the project, the company became concerned regarding the lack of progress at the construction site.  The contractor assured the company that although it was likely that an additional month would be needed for completion of the project, the project would be “in full swing” as a result of receiving the company’s payment of the most recent invoice.

   

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