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January 24, 2012
Taxes on Transfer of a Controlling Interest in a Real Property Entity
By Faith Harrison
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November 03, 2011
Maryland Court of Special Appeals Decision Imposes Duty on Condominium Council to File Neg....
By Jeffrey Rosenfeld
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Employers in the construction industry must be mindful of the need to verify the employment eligibility of each new employee they hire, as the U.S. Immigration and Customs Enforcement Agency (ICE) has begun to crack down on employment of unauthorized aliens. According to the ICE FY 2007 Annual Report, “ICE dramatically increased penalties against employers whose hiring processes violated the law, securing fines and judgments of more than $30 million while making 863 criminal arrests and 4,077 administrative arrests” in FY 2007. Many of these arrests were the result of targeted worksite raids, and the number of arrests and civil penalties imposed against employers was dramatically higher than those from previous years. Because ICE has chosen construction businesses, among others, as targets for its worksite enforcement inspections, this article will briefly discuss some of the changes in immigration law as it pertains to the construction industry. To read more, click “View Newsletter” below.
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More and more clients in recent years have inquired as to whether their company should have an employee handbook or employment manual. My answer is to always recommend having one, not because it is required by law (it is not required by law), but because it is the most effective way to make sure that ALL employees understand the company’s policies and procedures. Many workplace misunderstandings and miscommunications can be avoided by having a clear and comprehensive employee manual that is distributed and available to all employees. In addition, an employee manual informs all employees what is expected of them and provides a standard for employees to measure their own performance and the performance of their co-employees so that feelings of unfair or preferential treatment of co -employees can be minimized or even eliminated. To read more, click “View Newsletter” below.
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Payment bonds are the grease that keeps the wheels of the construction industry turning. They provide security for lower-tier contractors and materialmen, ensuring that they will be paid for the labor and materials rendered to the project, and they provide security for owners, providing protection from and/or recourse in the event that a mechanics’ lien is filed against the owner’s property. While payment bonds come in many forms, the most prevalent payment bond form is the AIA form A312. This standardized payment bond form establishes the circumstances under which the surety will be liable to pay a claim arising under the bond and sets forth the steps a claimant is required to perform in order to properly assert a claim against the surety under the bond. Finally, the A312 payment bond establishes what the surety must do once it receives a payment bond claim. Recently, the Maryland Court of Appeals ruled that the failure of the surety to do what it is supposed to do under the A312 payment bond could seriously impede the sureties ability to defend against a bond claim. To read more, click “View Newsletter” below.
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This Article is the last in a series of three articles regarding the “timebombs” in your filing cabinet and will focus on the typical warranties provided by contractors through construction contract documents. To read more, click “View Newsletter” below.
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This article is Part II in a series of articles about the dangers lurking in the files of businesses in the construction industry. This article focuses on “flow down provisions” and “incorporation provisions” pursuant to which obligations contained in other documents or contracts are imposed upon subcontractors by reference in standard subcontract agreements. These two items, often overlooked, typically explode when the project is not going well and the owner, general contractor, or subcontractor try to enforce a contract provision. At that time, it is often too late to do anything about them or take any steps to protect yourself and your business. To read more, click “View Newsletter” below.
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