Construction Law Blog - Regulatory Administration

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Posted By: John P. Ahlers | Apr 13, 2010 | Topics: Construction News and Notes, Department of Labor & Industries, Government Contracts, Regulatory Administration | View Article

EPA New Lead Paint Requirements

The Environmental Protection Agency has instituted a new requirement for contractors who perform work on buildings constructed before 1978 to reduce exposure to lead paint. All contractors performing renovation, repair, and painting projects that disturb paint in homes, childcare facilities, and schools before built before 1978 must be certified in the new EPA Renovation, Repair, and Painting Rule (RRP) and follow specific work practices to reduce human exposure to lead paint by April 22, 2010. All contractors must be trained certified by April 22, 2010. Landlords, property manager, and their employees are responsible for ensuring compliance with the rule. To locate an EPA-accredited training provider, visit the EPA’s Get Lead Safe website at http://www.epa.gov/opptintr/lead/pubs/renovation.htm or contact the National Lead Information Center at 1-800-425-5323.

Posted By: John P. Ahlers | Feb 19, 2010 | Topics: Contracting, Regulatory Administration | View Article

State of Oregon Streamlines Transportation Project by Standardizing a Collaborative-Construction Process

The state Oregon’s 2009 Jobs and Transportation Act continues the practice in the state of Oregon that began a decade ago, in which government agencies collaborate on major construction transportation projects. Eleven state and federal agencies work together in CETAS (Collaborative Environmental and Transportation Agreement for Streamlining). In a CETAS, ODOT commits funding for liaisons with other agencies; ODOT then compensates the agencies for their time, which guarantees resources are available to expedite the permitting and regulatory process of heavy highway and transportation projects.

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Posted By: John P. Ahlers | Oct 08, 2009 | Topics: Employment, Government Contracts, Regulatory Administration | View Article

Employment Verification Form I-9 Extended To August 31, 2012

The U.S. Citizenship and Immigration Services (USCIS) announced that the Office of Management and Budget has extended its approval of Form I-9 (Employment Eligibility Verification) to August 31, 2012. Accordingly, USCIS has amended the form to reflect a new revision date of August 7, 2009.

Employers may use the Form I-9 with the revision date of either August 7, 2009 or February 2, 2009. The revision dates are located on the bottom right-hand portion of the form. For more information on USCIS and its programs, or to obtain Form I-9 and the Handbook for Employers visit www.USCIS.gov/I-9

Posted By: John P. Ahlers | Oct 05, 2009 | Topics: Construction News and Notes, Employment, Government Contracts, Regulatory Administration | View Article

Court Rules E-Verify Will Take Effect On September 8, 2009

The U.S. District Court for the District of Maryland upheld the legality of a federal regulation that will require many federal government contractors to use the E-Verify system to verify the employment eligibility of new hires, as well as certain existing employees. The regulation requires a new E-Verify clause to be included in certain federal contracts awarded or solicited on or after September 8, 2009. In a departure from the voluntary E-Verify, employers that are a party to a contract (or subcontract) containing this E-Verify clause will be required to use E-Verify to confirm the employment eligibility of all new hires and all employees who perform work directly under the contract.

Chamber of Commerce of the United States of America v. Janet Napolitano, Civil Action No. AW-08-3444 (D. Maryland M.D.) See Regulation 73 Fed. Reg. 67,651 (November 14, 2008).

Posted By: Brett Hill | Apr 02, 2008 | Topics: Regulatory Administration | View Article

Clark County "clean water charge" ruled constitutional

The Division Two Court of Appeals recently ruled that a clean water charge assessed by Clark County against property owners was not an unconstitutional property tax.

Posted By: John P. Ahlers | Feb 25, 2008 | Topics: Regulatory Administration | View Article

Owners Owe Implied Obligations During Construction of the Project in Addition to Express Contract Obligations

Owners and contractors should keep in mind that in addition to the obligations the construction owners assume is part of the express contract terms, there are certain implied obligations that arise during the design and construction of a project.  In many instances, contractors and owners are unaware of these implied obligations: (1)  the duty to disclose material information to prospective bidders; (2) the duty to provide accurate plans and specifications; (3) the duty to provide accurate site information; (4) the duty to perform necessary regulatory approvals, permits and easements; (5) the duty to provide access to the work; (6) duties relating to owner/furnished products, materials or equipment; (7) the duty to timely review contractor submittals and requests; (8) the duty to approve valid requests for extension of time; (9) the duty to make timely inspections; (10) the duty to maintain the project site in a reasonably safe condition; (11) the duty not to hinder, delay or interfere with the timely completion of the work; and (12) the duty to coordinate the work of multiple prime contractors. 

Posted By: John P. Ahlers | Feb 25, 2008 | Topics: Regulatory Administration | View Article

Though the Contractor Conducted a Survey of Hazardous Materials and There Were No Objective Standards to Determine the Adequacy of the Survey, L&I Found as a Matter of Law That the Survey Was Not Performed in Good Faith and the Contractor Was Cited

Seattle Pacific University ("SPU") engaged Prezant Associates, Inc. ("Prezant") to identify all asbestos containing materials for abatement on the Miller Science Building.  The contractor, in its bid, agreed to perform the inspection in accordance with the Washington Administrative Code (WAC) and certain federal regulations (CFRs).  The contractor performed the survey and sampled vinyl flooring materials from the first floor of the two story project and determined which portions of the project contained asbestos.