William L. Porter | Porter Law Group It is not uncommon in the construction industry for an out-of-state general contractor to include a provision in a subcontract requiring a California subcontractor to resolve disputes outside the state of California, even though the work is to be performed within California. Fortunately, most California subcontractors are immune… Continue reading Can I be Required to Mediate, Arbitrate or Litigate a California Construction Dispute in Some Other State?
Month: September 2022
Intervention in Bid Protests: A Refresher
Aron C. Beezley | BuildSmart The number of bid protest filings peaks in October as a result of increased government spending at the end of the government’s fiscal year — which is the 12-month period beginning on October 1 and ending on September 30. As such, government contractors should be particularly mindful this time of year of… Continue reading Intervention in Bid Protests: A Refresher
OSHA Seeks to Clarify the “P” in PPE, Issues NPRM on ‘Fit’ for Construction Workers
Lauren Lenhart, Phillip Russell and Zachary Zagger | Ogletree, Deakins, Nash, Smoak & Stewart The Occupational Safety and Health Administration (OSHA) is moving forward with plans to update its standards to “clarify the requirements for the fit” of personal protective equipment (PPE) that must be provided to construction workers. On September 7, 2022, OSHA issued… Continue reading OSHA Seeks to Clarify the “P” in PPE, Issues NPRM on ‘Fit’ for Construction Workers
Claims Adjusters Or Lawyers? Federal Court Sees No Difference.
Steven L. Miracle | Meissner Tierney Fisher & Nichols An insurance company’s duty of good faith and fair dealing is incorporated into every insurance policy. Generally speaking, the duty requires an insurance company to act fairly toward its insured and not place its own interests above the insured’s interests, whether in the context of an… Continue reading Claims Adjusters Or Lawyers? Federal Court Sees No Difference.
AAA Amendments to the Commercial Arbitration Rules and Mediation Procedures
Justin Leonelli and Rich Paciaroni | K&L Gates Effective 1 September 2022, the American Arbitration Association (AAA) has updated its Commercial Arbitration Rules and Mediation Procedures, representing their first revisions since 1 July 2013. These amendments provide key updates and improvements to the commercial arbitration process, including with respect to the following: CONSOLIDATION AND JOINDER… Continue reading AAA Amendments to the Commercial Arbitration Rules and Mediation Procedures