Real Estate & Construction

By Hahn Loeser on September 20, 2019

The EEOC’s September 30th deadline for all covered employers to submit pay data for 2017 and 2018 wage data is right around the corner. While some employers may have implemented data collection tools intended to meet this requirement when a revised EEO-1 report was released in October 2016, others delayed implementation after use of the revised EEO-1 report was halted and litigation ensued over the revised EEO-1 report. A court order issued earlier this year…

From the Ground Up

Understanding Insurance Terms in Construction Contracts

By Miller Nash Graham & Dunn LLP on September 20, 2019

Miller Nash attorneys Seth Row and Shanelle Honda were published in the Fall 2019 issue of the NAMC-OR Newsletter. The link to the full story is available below. Construction contracts at all tiers usually include terms requiring certain types of insurance, and often contain related provisions about indemnity. This “boilerplate” can be important if a job goes south, so here’s a short explanation of some of the key terms and how they relate to one another. Click here …

Keeping It Real Estate

CPO Basics – What’s all the fuss about?

By Hannah Quarterman on September 20, 2019

Compulsory Purchase Orders might not seem the most glamorous of topics, but with the urgent need for more homes, and a new Prime Minister showing great enthusiasm for big infrastructure projects, now’s the time to get to grips with CPOs whether you’re a promoter, landowner or have any other interest in property. In this short series of blogs we aim to demystify CPOs, provide some practical tips for landowners and promoters, and address the thorny…

California Eminent Domain Report

Eminent Domain: Is it Possible to Recover Attorneys’ Fees if you Settle?

By Rick Rayl on September 20, 2019

In California, we have an admittedly odd way of determining whether the property or business owner in an eminent domain case is entitled to recover attorneys’ fees. (Note that I’m specifically talking about an owner’s ability to recover; California law does not provide for a condemning agency’s ability to recover fees). It’s actually fairly simple: just before trial, the owner and the agency exchange a Final Demand and a Final Offer. (See Code of Civil Procedure …

California Eminent Domain Report

Unpublished Decision Looks at Valuation Methodologies

By Rick Rayl on September 20, 2019

In Freeport Reg’l Water Auth. v. M&H Realty Partners VI, L.P., 2019 Cal. App. Unpub. LEXIS 6126 (Sept. 16, 2019), the court walked through a complicated fact pattern involving – in its simplest form – a 40-foot easement for an underground water pipeline. For our purposes, the key issues were valuing (1) the easement being acquired, (2) the severance damages caused to the remainder parcel, and (3) a temporary construction easement for the pipeline’s installation. …

BuildSmart

OIG Report: SBA’s Administration of All Small Mentor-Protégé Program Falling Short

By Aron C. Beezley & Eric A. Frechtel on September 19, 2019

The Small Business Administration (SBA) Office of Inspector General (OIG) recently issued a public report on the SBA’s All Small Mentor-Protégé Program (ASMPP), in which the SBA OIG found certain shortcomings in the SBA’s administration of the program. As discussed below, the report also provides a series of recommendations, most of which the SBA has accepted. What is the ASMPP? The SBA began accepting applications for the ASMPP in 2016 and has seen a surge…

Gravel2Gavel

EPA and the Corps of Engineers Repeal the 2015 “Waters of the United States” Rule

By Anthony B. Cavender on September 19, 2019

The pre-publication version of the final rule to be promulgated by EPA and the U.S. Army Corps of Engineers (ACOE) to repeal the 2015 redefinition of the Clean Water Act’s term “Waters of the United States” which is the linchpin of these agencies’ regulatory power under the CWA, was made available on September 12, 2019. The rule should be published in the Federal Register in the next few weeks, and it will be effective 60…

Gravel2Gavel

EPA and the Corps of Engineers Repeal the 2015 “Waters of the United States” Rule

By Anthony B. Cavender on September 19, 2019

Association Alert

Association Construction Contracts – What are Risks of that Waiver of Subrogation Term

By Daniel Miske on September 19, 2019

Summary The US Court of Appeals for the 4th Circuit held that a subrogation waiver provision in a construction contract barred an association’s insurance company from seeking to recover from an allegedly negligent contractor. Facts United National Insurance Company v. Peninsula Roofing Company, Inc.: Pelican Beach Condominium (“Association”) needed a new roof. The Board, after obtaining specifications from an engineer, entered into a contract with Peninsula Roofing (“Contractor”). The contract was a standard form AIA…

Land Use Law Blog

National Business Institute: Winery and Vineyard Law Seminar

By Diane G. Kindermann on September 18, 2019

Please join me on September 24, 2019 for an all-day seminar titled, “Winery and Vineyard Law”. The seminar is hosted by National Business Institute and will take place from 8:30am-4:30pm at the Crown Plaza Sacramento, 5321 Date Avenue, Sacramento. Register at the link here: https://www.nbi-sems.com/83117 . I look forward to meeting you there! Diane Kindermann Henderson is a shareholder at Abbott & Kindermann, Inc. For questions relating to this article or any other California land…