Under Construction - December 2016


Letter from the Editor

Welcome to the winter 2016 edition of our Under Construction newsletter. We hope your year has been good to your family, your company and you as we wrap up these remaining few weeks of 2016.

A recent hot topic with businesses that operate with unions is the question of whether or not you need to provide your financial statements to the union. For many years, the law of collective bargaining was well established that employers were not required to provide financial statements to the unions that represented their employees, unless the employers claimed inability to pay the unions’ economic demands. The NLRB is currently departing from this principle however and our first article will address this issue.

A recent Utah Court of Appeals decision has shed additional light on the uphill battle a party faces in trying to overturn an arbitration award. Our second article takes a look at this case and how Utah courts continue to follow its long-standing public policy favoring arbitration. The next article will discuss another recent Court of Appeals case, this time in Colorado, that decided the dispute regarding shortened repose periods for construction defect claims against subcontractors. We then provide you with an article that takes a look at two recent federal court decisions where subcontractors were permitted to pursue payment bond claims against the surety even though they had not exhausted their contractual dispute resolution procedures with the general contractor. The next article provides a 2016 case law summary from Nevada covering cases involving unconditional lien waivers, retention and that NDOT is not a “design professional” in nonresidential construction cases. Finally, we end with a rather thorough article regarding numerous California construction laws that will take effect in 2017.

We hope you will find these articles informative and enlightening on these very important subjects. Please let us know if you want us to address a specific construction issue in a future newsletter. We hope you have a fun, busy, merry and safe holiday season!

Jim Sienicki

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