Welcome to the fall edition of our Under Construction newsletter. The first article in this edition highlights the pros and cons of joint venturing on a construction project, and items to consider in preparing the joint venture agreement. Other key topics which are addressed in this newsletter include a recent Arizona case that held that the Arizona contractor’s licensing statutes do not bar a licensed contractor who performs work outside the scope of his license from recovering for the value of the work for which he was properly licensed, a discussion of salient points to consider when drafting notices of termination and a recent decision by the National Labor Relations Board (NLRB) to change the standard that has existed for many years for determining whether two or more entities are “joint employers” of the same employees. This last NLRB decision could have a profound effect on the construction industry and the general contractor/subcontractor relationship and should be understood and addressed appropriately by those in the industry.
New legislation and court cases affecting the construction industry are constantly changing the way to conduct business. All of these articles can be valuable to anyone interested in keeping up with these ever-evolving issues. We hope we are able to inform and enlighten you. Please let us know if you want us to address a specific construction issue in a future newsletter. Have a fun, busy and safe fall season!