Under Construction - December 2015


Letter from the Editor

Welcome to the final 2015 edition of our Under Construction newsletter. It is hard to believe that 2016 is right around the corner!
Drones are a hot topic right now. The first article in this newsletter addresses an October 19, 2015 announcement by the FAA regarding drone registration and other requirements that may affect drone use in construction. Also be sure to check out our second article that urges caution regarding the enforceability of a pay-when-paid clause in California and the risk that it may be deemed an unenforceable pay-if-paid clause if not properly drafted. Other key topics addressed in this newsletter include recent California litigation that creates new burdensome requirements for employers paying workers on a piece-rate basis, a short article regarding a recent construction defect litigation reform ordinance that the Denver City Council recently passed, and how retainage provisions in Utah are governed by a statute that limits the amount of retention an owner can withhold and affixes penalties if retention is improperly retained upon completion of the project.

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 holiday season!

Jim Sienicki

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