Under Construction - September 2012


Letter from the Editor

Now that we are finally recovering from this summer’s searing heat and our vacations, welcome to our fall 2012 issue! I hope you’re all enjoying these cooler days and football season.

Of the four articles in this issue of Under Construction, the first describes a California arbitration case and another describes a Colorado construction defect case. The California case picks up from a case reported in the December 2011 Under Construction issue and addresses the California Supreme Court’s recent decision to enforce the arbitration provision. The second article discusses how Colorado courts are split on the issue of whether the defendant can designate non-parties at fault in construction defect cases. The third article provides a snapshot and update of 2012 Arizona court cases and legislation that affects the Arizona construction industry. The final article discusses a case involving the general contractor on a New York City apartment project that failed to comply with its obligations under the Davis-Bacon and Related Acts and the consequences of such failures. Since the Davis-Bacon and Related Acts cover many projects throughout the country, this case may directly affect you and should be a heads up to you.

If you have any questions or comments about any of these articles, please feel free to email them to me. I would appreciate hearing from you and what topics you would like us to address in future editions.

Best Regards,
Jim Sienicki

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