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From Our Newsletter

New Accounting Standards for Long-Term Projects

The Financial Accounting Standards Board (FASB) issued ASC 606, a new standard on recognition of revenue from contracts with customers. The new standard will have major implications on construction companies’ internal accounting. While ASC 606 will only apply to construction companies that enter into contracts greater than one year, it would benefit all owners to […]

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Near Monumental Change in Attorney’s Fee Awards in Florida Construction Disputes

The 11th Circuit Court of Appeal recently avoided a historic and unprecedented change in Florida’s attorney’s fee law by reversing a district court’s decision. Specifically, as the case had been decided by district court, a surety would be entitled to prevailing party attorney’s fees based on a general indemnity clause in a subcontract, when there […]

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OSHA Updates Final Crane Operator Rule

Per OSHA’s publication in the Federal Register on November 9, 2018, the requirements for crane operator certification will take effect on December 10, 2018, and the requirements for employers to evaluate/document crane operators will take effect on February 7, 2019. Further, OSHA stated that the new crane operator certification will be limited to certification based […]

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Change in North Carolina General Contractor License Law

North Carolina General Contractors are now required to include their license number on all contracts, websites, and advertisements according to a new regulation, 21 NCAC 12.0501, passed by the North Carolina Licensing Board for General Contractors. Most General Contractors already include their license numbers on contracts and websites, however, what qualifies as an advertisement is […]

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Green Buildings Ordinance to Change How Denver Does Roofing

On October 29, 2018, the City Council of Denver repealed and replaced a Green Buildings Ordinance.  The original law leading to the enactment of the Green Buildings Ordinance was passed by a public vote in November of 2017. The original law was replaced in order to provide various green building compliance options for new and […]

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OSHA to Increase Trenching Inspections and Enforcement

On October 2, 2018, the Occupational Safety and Health Administration (OSHA) updated the National Emphasis Program (NEP) to focus on trenching and excavation collapses in response to a recent spike in trenching fatalities. NEPs are temporary programs that focus OSHA’s resources on particular hazards and high-hazard industries and have covered issues such as combustible dust, […]

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Construction Defect Pre-Suit Notice Now Considered an Action

The Florida Supreme Court recently handed down a decision in Gindel v. Centex that impacts Florida’s statute of repose and its relationship with construction defect claims. The statute of repose requires a claimant to commence an action within a specific time period or be barred from bringing the claim. The statute of repose is ten […]

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Recent Florida Case a Win for Roofing Contractors

In Guy Roofing, Inc. v. Angel Enterprises, LLC, the plaintiff, a roofing contractor, contracted with the owner of a shopping center to replace the roof. Shortly after beginning work on the project, the original owner sold the shopping center to a subsequent owner. The contract contained an arbitration clause requiring disputes between contractor and owner […]

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OSHA’s Five Year Look Back Period Cap No Longer Enforced

Prior to 2015, OSHA’s Field Operations Manual states that an employer may be cited for a repeat violation if “the citation is issued within 3 years of the final order date of the previous citation or within 3 years of the final abatement date, whichever is later.” In simple language this meant that OSHA may […]

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Moisture Issues in Concrete Roof Decks

Moisture in concrete roof decks that migrates into the roofing system can be a serious problem for the system’s durability and performance. The National Roofing Contractors Association (NRCA) has stated that they have received, and continue to do so, a significant number of reports regarding problems created by moisture in concrete roof decks. Both normal-weight […]

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