Client Alerts & Publications
2019 Legislative Changes Affecting the Construction Industry
Authors: Melinda S. Gentile,
Published Date: May 24, 2019
This article was co-authored by Melinda S. Gentile, Partner, Peckar & Abramson, P.C., Miami and Cadian T. Baker, Paralegal, Peckar & Abramson, P.C., Miami. The 2019 Florida Legislative Session recently concluded and a number of important construction-related House Bills (HB) and Senate Bills (SB) were presented during the Session. Below is a summary of those construction-related bills set to become [...] Read More
Effective October 1, 2019, Florida General Contractors Have a Statutory Right to Recovery of Attorney Fees Against a Defaulted Subcontractor’s Surety
Published Date: May 14, 2019
Florida contractors will soon have a level playing field, at least related to the right to recovery of attorney fees in certain circumstances. Effective October 1, 2019, the Florida statute by which legal fees may be recovered from insurers and sureties was amended to expressly afford that right to contractors. Florida’s Insurance statute, Chapter 627, affords a right to recovery [...] Read More
N.Y. COURT OF APPEALS SUSTAINS 13-HOUR RULE FOR PAYMENT OF 24-HOUR HOME CARE WORKERS
Authors: Aaron C. Schlesinger, Kevin J. O’Connor,
Published Date: March 26, 2019
New York’s highest court, the Court of Appeals, has issued its much-awaited decision as a result of the appeals from the rulings in Andryeyeva v. New York Health Care, Inc. and Moreno v. Future Care Health Servs., Inc. The Court's ruling essentially approves paying “live-in” health care aides per diem rate based on 13 hours for a 24 hour shift. [...] Read More
Eleventh Circuit Reverses Attorneys’ Fee Award to Performance Bond Sureties in Dispute with Contractor arising from Claim against Subcontractor Performance Bond
Authors: Gary M. Stein,
Published Date: January 15, 2019
On October 26, 2018, the United States Court of Appeals for the Eleventh Circuit (the “Eleventh Circuit”) issued a decision which reversed an award of prevailing party attorneys’ fees to performance bond sureties in their dispute with a contractor arising from the contractor’s claim against a subcontractor’s performance bond. Had the lower court’s decision been affirmed, the performance bond sureties [...] Read More
AB 3018: Amendments to the Skilled and Trained Workforce Requirements on California Public Projects
Authors: Nathan A. Cohen,
Published Date: January 15, 2019
What California Contractors Need To Know About AB 3018 California contractors used to face limited consequences for non-compliance with the state’s skilled and trained workforce requirements on public works projects. A sea-change to the statutory landscape went into effect on January 1, 2019 as a result of Assembly Bill No. 3018 (“AB 3018”).1 The Code re-defines what constitutes a skilled/trained [...] Read More
