Cummins & White

Prevailing Wage Pitfalls & Defenses

James Wakefield — Fri, 24 May 2013 08:00:29 +0000

Most professionals in the construction industry know that prevailing wages must be paid when constructing a public works project. The definition of a public works project is any project that is paid for “in whole or in part” with public funds. The pitfall is that “paid for in whole or in part” is surprisingly broad. [...]

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NLRB Posting Rule Overturned (For Now)

Erick Becker — Fri, 17 May 2013 16:27:18 +0000

Way back in 2011, the National Labor Relations Board (NLRB) used its rule making authority to require all employers, union and non-union, to post a notice to employees describing their rights – including the right to unionize. Employers were rightly alarmed that this notice requirement was burdensome and could result in an unfair labor practice [...]

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Labor Commission Cracking Down on California Labor Violations

Patty League — Fri, 17 May 2013 15:45:37 +0000

The California Labor Commission is taking a hard stance on what it calls “wage theft” by general contractors working on public projects. In some of the cases noted by the Commission, the violations were egregious and intended; however, we know that many well-meaning employers often mis-classify employees by sheer misunderstanding of the law. With this [...]

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Design Professionals’ Duties To Third Party Purchasers and Homeowners Associations Expanded

Iman Reza — Fri, 10 May 2013 21:45:49 +0000

It used to be pretty simple. A design professional, such as an architect, had very limited duties to a third party purchaser of a home or a homeowners association (HOA). However, following a recent California appellate decision, that may no longer be the case. In its decision, the court recently expanded those duties. In Beacon [...]

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Making a List and Checking It Twice: The Subcontractor Listing Law

Charles Murawski — Mon, 06 May 2013 17:10:57 +0000

The Subletting and Subcontracting Fair Practices Act (Public Contract Code (“PCC”) §§4100-4114), also known as the Subcontractor Listing Law (“Listing Law”), was enacted by the California Legislature to prevent the unconscionable business practices of bid shopping and bid peddling by contractors. The Listing Law applies to all public works projects within the State of California. [...]

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Attorney Erick Becker Joins Cummins & White

rene — Fri, 03 May 2013 08:00:01 +0000

ATTORNEY ERICK BECKER JOINS CUMMINS & WHITE Will Lead Labor & Employment Practice FOR IMMEDIATE RELEASE…May 7, 2013…NEWPORT BEACH, CALIF….Cummins & White, LLP, a well-known diversified, full-service business and insurance law practice, today announced that Erick Becker has joined the firm as a partner and will lead the labor and employment practice group. Becker arrives [...]

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Subcontractor’s Default Insurance A Viable Option to Performance Bonds

James Wakefield — Fri, 26 Apr 2013 16:46:59 +0000

Most professionals in the construction industry are familiar with payment bonds and completion bonds. Completion bonds are typically purchased by the contractor, and it guarantees to the owner that if the contractor defaults, the surety (insurance company) will pay to complete the construction project. Sureties always require collateral. In the cases of smaller contractors the [...]

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The Gamble of Working with Indian Tribes

Patty League — Tue, 16 Apr 2013 22:10:31 +0000

The largest gaming club in the state of California is the Pechanga Resort and Casino in Temecula, with more than 3,000 slot machines and approximately 200,000 square feet of gaming space. Other famous gaming operations in California include the Morongo Casino, Resort & Spa, and the Chumash Casino Resort. These noted casinos are owned by [...]

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From My Cold Dead Hands

Robert Lamm — Thu, 04 Apr 2013 21:17:22 +0000

“So, as we set out this year to defeat the divisive forces that would take freedom away, I want to say those fighting words for everyone within the sound of my voice to hear and to heed, and especially for you, Mr. Gore: ‘From my cold, dead hands!” - Charleston Heston. Moses made this pronouncement [...]

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Tips for Thorough Recorded Statements

Melody Mosley — Tue, 26 Mar 2013 22:05:47 +0000

Most insurance companies have a template of questions (recorded statement guide) for taking recorded statements, which is very useful. Even the most experienced statement takers can forget important questions in the heat of the moment. Moreover, having a template helps you learn from experience. If, for example, you discover later that you should have asked [...]

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