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Alternative Energy Development Will Continue Under Trump
Development of wind and solar power will continue to grow and thrive regardless of federal policies. President-elect Donald Trump promised during the election campaign to revitalize the coal industry. He intimated that federal tax credits for renewab
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Must a Contractor Pay a Subcontractor if Unpaid By The Owner?
One court’s interpretation of “pay when paid” and “pay if paid” clauses. Is a contractor obligated to pay a subcontractor if the owner fails to pay the contractor? This is a longstanding issue in construction law. The seemingly obvious answ
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NLRB Upholds Arbitrator’s Findings
A recent National Labor Relations Board decision questions whether the Board will continue to automatically defer to arbitration rulings. Courts and administrative boards have almost universally rejected attempts to overturn the decisions of arbitrat
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The Importance of Timely Execution of Releases and Waivers
Subcontractors that dispute partial payments should not sign releases. The execution of lien waivers and payment releases is standard operating procedure in contracts between general contractors and subcontractors. It’s easy to become complacent ab
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Berkeley Research Group To Offer Special Interest Breakfast at 2016 Construction SuperConference
The 2016 Construction SuperConference (CSC) is pleased to feature a special interest breakfast session sponsored by Berkeley Research Group (BRG). The session, “Building in a Safe Zone: Deconstructing Cyber Risks,” will address cyber security in
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Opinion—Construction Industry Can Be a Post-Election Force for Stability
The construction industry can lead our country back to prosperity. By the time this article goes to print we will have elected a new President. Polls indicate that more than 80 percent of the electorate are extraordinarily disenchanted with both cand
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OSHA’s New Interpretation of its Anti-Retaliation Provisions
A memorandum from OSHA clarifies the difference between “rewards” and “retaliation.” OSHA is integrally involved in the regulation of efforts by employers to protect themselves and their employees from drug- and alcohol-related accidents. An
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NLRB Proposes Allowing Partial Strikes
This proposal would overturn established NLRB precedent. The National Labor Relations Board (NLRB) establishes and enforces protocols that management and organized labor (i.e., unions) must follow during labor protests. Recently, the NLRB’s Office
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New Rules for Small Municipal Separate Storm Sewer Systems
EPA’s new MS4 rules will affect construction sites throughout the country. The Environmental Protection Agency (EPA), pursuant to the Clean Water Act (CWA), in 1999 issued rules for the regulation of water runoff on sites of less than one acre that