Real Estate & Construction

Lang Thal King & Hanson ranked #8 in the categories of construction litigation and commercial litigation in Ranking Arizona in 2024. Thank you for your support!

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Continue Reading Lang Thal King & Hanson Make the Top 10 in Two Categories in Ranking Arizona 2024

CONNECTING THE DOTS | Showing Causation in Contracting Cases is Critical In this asphalt case, the prime contractor agreed to perform a $13 million road project for the South Dakota Department of Transportation on U.S. Highway 83 in Lyman and Stanley Counties in South Dakota (near the State Capitol of Pierre). The prime subcontracted with […]
The post Roads & Bridges | Connecting the Dots appeared first on Heavy Construction Law Blog | Jonathan Straw.
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LIQUIDATED DAMAGES | Penalties and What is Unenforceable Liquidated damages typically flow from delays, but they are not always solidly enforced. In June 2017, a contractor agreed to construct a new park and elementary school for a city. The project included demolition of an existing park. The city did not want the neighborhood to go […]
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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
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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 […]
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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, […]
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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…
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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 […]
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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 […]
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