Under Construction - January 2020


Welcome to this winter edition of our Under Construction newsletter. We hope your holidays brought you some much needed rest and relaxation and that your 2020 is off to a wonderful start for you, your family, and your company.

In this issue, we start off with an article that looks at the impact of social media in the workplace and address whether employees can be disciplined for their use of social media to complain about their employer or terms and conditions of employment.

Next, we have five tips for navigating mediation of the toughest construction disputes. In this article, mediation is compared to playing a game of poker, and advice from this article may help you maintain a poker face, and obtain better results at mediation.

Our next article provides an overview of a relatively new P3 ConsensusDocs template. ConsensusDocs have been developed through a collaborative effort of organizations to provide an efficient and simplified way to approach contracting between entities involved in the design and construction process to deliver projects.

The Arizona Court of Appeals recently published a decision that serves as a helpful reminder that while the ROC and the Residential Contractors’ Recovery Fund can be useful to resolve certain disputes, they are not the right solution for every problem. Our next article evidences this new decision and its ramifications.

Since it is necessary that our California general contractors and subcontractors understand their obligations on skilled and trained workforce projects, our final article examines new requirements in California addressing skilled and trained workforce compliance procedures in this new year.

We hope you will find these articles informative and enlightening. Please let us know if you want us to address a specific construction issue in a future newsletter. We hope you have a profitable, busy and safe 2020!

Jim Sienicki

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