Under Construction - July 2019


Letter From the Editor

Welcome to the summer edition of our Under Construction newsletter.

In this issue, we start off with an article that discusses California Senate Bill 50, which failed to pass. As a result, California failed to address restrictive zoning policies. California is suffering from a housing crisis with a shortage of 3.5 million homes. The bill, which was proposed as a solution, was surprisingly postponed until 2020.

Next, we address Utah’s open and obvious danger rule and how the Utah Supreme Court recently affirmed and embraced the rule. The case explores what is, or should be, obvious.

In Arizona, a buyer of a new residential dwelling unit must follow recent changes in Arizona’s Purchaser Dwelling Act when noticing a construction defect. The next article examines these changes and the right to repair alleged construction defects.

Nevada’s legislature has eased some of the restraints against multiple general contractors working together on complex construction projects. Assembly Bill 29 has provided some flexibility. Nevada also passed Assembly Bill 136, which changes the minimum wage for laborers on certain public works projects, and Senate Bill 231, by which the government can limit eligibility for its public works projects to contractors who employ union workers beginning July 1. Two Nevada articles dive into these issues.

Following, we have an article about Arizona’s newly signed Senate Bill 1397, referred to as the “registrar of contractors omnibus,” which will cause the construction industry to change in three major ways, as explained in the article.

With new marijuana laws continuing to evolve in Arizona and Nevada, the construction industry evolves with it. The new legislation in Nevada prohibiting employers from rejecting a job seeker for testing positive for marijuana may also impact the industry. The employment law article addresses these issues.

Next, we have an article looking at the impact of two bills passed in Nevada that will have an impact on contractors.

Lastly, we take a look at mechanics’ liens and if unapproved change orders can form the basis for a lawful mechanics’ lien encumbering the project.

We hope you find these articles informative and enlightening. Please let us know if you want us to address a specific construction issue in a future newsletter. Hope you enjoy your summer and have a restful vacation with your family.

Jim Sienicki

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