Real Estate & Construction

We are pleased to announce that

Jason Clark

has been elected as a partner at Lang Thal King & Hanson PC.

A Super Lawyers “Rising Stars” and

Best Lawyers®

“Ones to Watch” honoree who joined our firm in 2015, Jason offers national law firm experience and an extensive track record of successful outcomes for his clients in all aspects of construction disputes and

Registrar of Contractors proceedings

Jason’s recent construction law experience includes matters involving:

He also represents
Continue Reading Jason Clark Elected as a Partner

WARRANTY PROVISIONS | Contracts must be interpreted thoroughly to avoid absurd results You are responsible for things within your control. Be careful if assuming responsibility without control. On a public works contract for a public owner in Washington, the contractor constructed and installed a pipeline to convey overflow wastewater toward a diversion structure and storage […]
The post Roads& Bridges | Warranty Provisions appeared first on Heavy Construction Law Blog | Jonathan Straw.
Continue Reading Roads& Bridges | Warranty Provisions

The expanded “economic realities” test increases the government’s presumption that a worker is an employee entitled to overtime and minimum wage protection.

The new rule expands, from three factors to six, the government’s “economic realities” test, which seeks to determine whether independent contractors are truly in business for themselves or are actually employees who should be afforded full wage-and-hour and other FLSA protections.

The economic realities factors are non-exhaustive – i.e., a Wage and Hour Division auditor is free to consider additional factors – and, in contrast to the old rule, no single factor is more important than any other.
Continue Reading New independent contractor rule aims at paying more workers as employees

A federal law that went into effect January 1 requires most legal entities to report specific information about the business and its owners.

This article provides a general overview and multiple updates from our October 2023 article. This version includes the following changes:

  • The Beneficial Ownership Information

    reporting portal

    is ready to use.

  • FinCEN has published the

    Small Entity Compliance Guide

    as a companion to its updated

    Beneficial Ownership Information Reporting Frequently Asked Questions

    .

  • The FinCEN FAQ document includes an updated list of “

    exempt entities

    .”

  • The FAQ document also provides more information on the criteria for “


Continue Reading Update: Corporate Transparency Act places new reporting requirements on most businesses

THE AGREED PRICE | This case stands as a warning about pay-if-paid clause History cannot be rewritten and a bad, but legal, bargain cannot (should not) be undone. Also in this story, a reminder to primes and higher-tier subs to confirm (when possible) flow down of key subcontract provisions. L&A Contracting Co. v. Louisiana DOT, […]
The post Roads& Bridges | The Agreed Price appeared first on Heavy Construction Law Blog | Jonathan Straw.
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CONFUSING WATERS | A Supreme Court ruling leaves room for ambiguity What happens when there may be a “significant nexus” between “adjacent” and/or “relatively permanent” “Waters of the United States” (WOTUS)? Answer: Confusion, uncertainty, ambiguity, great consternation, and litigation leading to an opinion by the highest court in the land. Continue reading…
The post Roads& Bridges | Confusing Waters appeared first on Heavy Construction Law Blog | Jonathan Straw.
Continue Reading Roads& Bridges | Confusing Waters

A federal law that goes into effect in January requires most legal entities to report specific information about the business and its owners.

  • updating stale contact and other important information; and

  • addressing any “phantom” owners or managers, people who wanted to be part of your company, but who do not want to be found by creditors, former spouses, etc. Failure to disclose owners can subject you to civil and criminal penalties, so be careful and thorough.

DOES MY BUSINESS HAVE TO FILE A REPORT?

Sole proprietorships do not have file, nor do

some

general partnerships (check with your attorney).

With
Continue Reading Corporate Transparency Act places new reporting requirements on most businesses

In 2021, the Arizona Legislature revised the statutes that govern appeals from Registrar of Contractors (ROC) hearings, with the result that an appeal of an administrative agency’s decision can lead to a fresh trial in Superior Court, where the agency’s decision is disregarded.

The hearing process is fair, and Arizona ALJs are consistently intelligent, honest, and professional. Nevertheless, at the hearing the contractor faces an uphill battle: The contractor will be accused of violating workmanship standards, the ROC’s investigator will offer evidence substantiating the alleged violation, and the ALJ will likely view the investor’s testimony as credible.

It is not
Continue Reading ROC hearings and Arizona's "new trial" statute: two years later, the impact for contractors

AUTHORITY DEFINED | The Law of Agency is Important to Understand For any project, this Russian proverb is helpful: Doveryay, no proveryay – Trust, but verify. In other words, get it in writing. In the case of Eagle Rock Timber, Inc. v. Teton County, Idaho, 531 P.3d 488 (Idaho Supreme Court, June 13, 2023), a […]
The post Roads & Bridges | Authority Defined appeared first on Heavy Construction Law Blog | Jonathan Straw.
Continue Reading Roads & Bridges | Authority Defined

DEFINING LABOR | How the Miller Act continues to shape the industry In the late 1700s, risks of nonpayment caused a shortage of construction workers, particularly in Washington, D.C. In 1791, Thomas Jefferson proposed a mechanic’s lien statute to solve the problem.  However, because a mechanic’s lien cannot attach to public property, the Heard Act […]
The post Roads & Bridges | Defining Labor appeared first on Heavy Construction Law Blog | Jonathan Straw.
Continue Reading Roads & Bridges | Defining Labor

Not bad power, but the ability of a decision-maker (e.g., court) to decide which side is right (or which is more correct). A judge’s power is not automatic. Every court must first decide if it has the power to decide the parties’ dispute – whether it has jurisdiction over the subject matter and the parties […]
The post Jurisdiction is Power appeared first on Heavy Construction Law Blog | Jonathan Straw.
Continue Reading Jurisdiction is Power

In its September 2023 issue,

Phoenix

magazine listed Lang & Klain attorneys

Kent Lang

,

Bill Klain

,

Mike Thal

Jamie Hanson

and

Rick Friedlander

among its “Top Lawyer” selectees for 2023.

The magazine made its selections from voting conducted among Phoenix-area attorneys.
Continue Reading Phoenix magazine Top Lawyer list includes five Lang & Klain attorneys

In its September 2023 issue,

Phoenix

magazine listed Lang Thal King & Hanson attorneys

Kent Lang

,

Mike Thal

Jamie Hanson

,

Erika Johnsen

(Rising Star) and

Rick Friedlander

among its “Top Lawyer” selectees for 2023.

The magazine made its selections from voting conducted among Phoenix-area attorneys.
Continue Reading Phoenix magazine Top Lawyer list includes five Lang Thal King & Hanson attorneys