Category Archives: New Rules and Regulations

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AB 1793 Amends Requirements for Contractors to Establish Substantial Compliance With State Contractor Licensing Requirements

On August 30, 2016, Governor Brown signed into law AB 1793, which amends the requirements under Business & Professions Code § 7031 for a contractor to establish “substantial compliance” with state contractor licensing requirements.  AB 1793 amends section 7031 by deleting the requirement that to establish substantial compliance, a contractor must show it did not … Continue Reading

Courts Uphold Disgorgement Penalty For Unlicensed Contractors

By Candace L. Matson As most construction professionals know, California law requires that any person engaged in the business of a contractor, or that acts in the capacity of a contractor, must be properly licensed by the Contractors State License Board (“CSLB”). Cal. Bus. & Prof. Code § 7028. A contractor is defined broadly, as … Continue Reading

The President Admits the Stimulus Is Not Working as Hoped. Well, Duh.

The author is a member of the Firm’s Government Contracts & Regulated Industries Practice Group. For additional articles and postings concerning this and related topics, please refer to Sheppard Mullin’s Government Contracts Blog, which can be found at www.governmentcontractslawblog.com. The Administration has conceded that the American Recovery and Reinvestment Act (“ARRA”) has not worked as … Continue Reading

Recovery Act Update –
U.S. Stimulus: “Buy American”
PRC Stimulus: “Buy Chinese”
Canada and WTO: “Not Pleased”

The author is a member of the Firm’s Government Contracts & Regulated Industries Practice Group. For additional articles and postings concerning this and related topics, please refer to Sheppard Mullin’s Government Contracts Blog, which can be found at www.governmentcontractslawblog.com. On February 17, 2009, President Obama signed into law the American Recovery and Reinvestment Act of … Continue Reading

New Recovery Act Rules Implement Provisions Relating To Government Audit Access, Whistleblower Protections, And Buy American Requirements; Much Confusion Remains

The author is a member of the Firm’s Government Contracts & Regulated Industries Practice Group. For additional articles and postings concerning this and related topics, please refer to Sheppard Mullin’s Government Contracts Blog, which can be found at www.governmentcontractslawblog.com. On March 31, 2009, the FAR Councils issued several new interim rules (effective March 31, 2009) … Continue Reading

Stimulation Has Its Price – The Audit and Oversight Provisions of The 2009 Stimulus Bill Are Unlike Anything Most Funding Recipients Have Ever Seen

The author is a member of the Firm’s Government Contracts & Regulated Industries Practice Group. For additional articles and postings concerning this and related topics, please refer to Sheppard Mullin’s Government Contracts Blog, which can be found at www.governmentcontractslawblog.com. On February 17, 2009, President Obama signed into law the American Recovery and Reinvestment Tax Act … Continue Reading

Free Trade Agreements, “Made In America,” and The 2009 Stimulus Package – Country of Origin Requirements Remain an Elusive Compliance Obligation

The author is a member of the Firm’s Government Contracts & Regulated Industries Practice Group. For additional articles and postings concerning this and related topics, please refer to Sheppard Mullin’s Government Contracts Blog, which can be found at www.governmentcontractslawblog.com. On January 15, 2009, the Government issued a final rule adjusting the dollar thresholds at which … Continue Reading

The AIA Releases 2007 Editions of Its Construction Contract Forms Amid Competition from Upstart “ConsensusDOCS” Forms

By Mathew R. Troughton For the first time in a decade, the American Institute of Architects ("AIA") revised several of the key standard forms of contract it publishes for use on construction projects.  The various AIA forms are widely used as the starting point for negotiating the terms of contracts between various project participants.  The … Continue Reading

New Legislation Affects Allocation of Risk in Residential Construction Contracts

New Legislation Creates Additional Carve-out by Candace Matson  Legislation effective January 1, 2006 (AB 758), amending California Civil Code §2782, creates a further exception to parties’ ability to negotiate indemnity terms in construction agreements. AB 758 has been touted as addressing the “insurance crisis” of residential subcontractors. Some opine that, viewed in conjunction with SB … Continue Reading
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