Archive for the ‘Federal’ Category

How To Take Advantage Of New Retainage Laws in Louisiana

On September 3, 2010 Author By Scott Wolfe Jr

Earlier this week, we wrote about the new Retainage Law in Louisiana.   It’s a remarkable change in the status quo from the perspective of general contractors, taking all retainage out the hands of the property owner and placing it into an interest earning escrow account.

However, whether the law is productive for your construction company will depend on whether you take advantage of the law.

This week, I published a Legal Guide on Avvo.com offering step-by-step instructions to general contractors on how to take advantage of the the new retainage requirements in Louisiana.    Read the step-by-step guide here.    And, for a teaser, here is the introduction:

Effective August 15, 2010, retainage withheld by property owners on qualifying projects must be placed in an interest bearing escrow account. This Legal Guide explain how to take advantage of this new requirement to help secure your payment.

This article was originally posted on Wolfe Law Group’s topic-specific Louisiana Construction Law Blog.

Posted in:     Federal, Payment Requirements  /  Tags: , , , , ,   /   Leave a comment

Interesting Bill in Congress Imposes Prison Term for Safety Violations

On May 27, 2010 Author By Scott Wolfe Jr

I got tipped off about HB 2067, introduced by California U.S. Rep Lynn Woolsey, from Finance-Commerce.com.   Styled the “Protecting America’s Workers Act,” the bill’s summary explains that it would let the Occupational Safety and Health Administration (OSHA) enforce stiffer penalties for willful safety violations that result in serious injury or death.”

What kind of stiffer penalties?    Well, many are concerned that the bill could extend criminal liability to foremans, superintendents and safety directors within an organization.

Is this a serious problem?   Will this bill gain traction?

The folks at 16deathsperday.com would argue the problem is serious, and certainly hope that the bill moves through congress.    According to the organization, 16 workers are killed each day in the United States “because of reckless negligence on the part of their employers.”

If HB 2067 becomes law, and this organization’s numbers are correct, that could expose employees and owners to stiffer penalties and possible criminal sanctions 16 times per day.

Track the bill over at OpenCongress.org here, and stay tuned to the Monitor for future updates if this thing gets pushed through.

Posted in:     Federal, Safety  /  Tags: , , ,   /   Leave a comment

New Nationwide EPA Stormwater Effluent Guidelines Now Effective

On March 4, 2010 Author By Scott Wolfe Jr

At the end of 2009, the U.S. Environmental Protection Agency (EPA) published effluent limitations guidelines (EGLS) and new source performance standards (NSPS) to control storm water runoff and the discharge of pollutants from construction sites. The new regulations took effect on February 1, 2010, requiring all permits issued by the EPA to incorporate the new requirements.

New Maximum Numeric Turbidity Limitations

For the first time, the EPA has set numeric limits for the discharge of storm water from construction sites. The EPA has set a maximum daily average numeric limit of 280 NTU (a turbidity measurement) for covered sites.

In case you don’t know, Wikipedia defines Turbidity as:

Turbidity is the cloudiness or haziness of a fluid caused by individual particles (suspended solids) that are generally invisible to the naked eye, similar to smoke in air. The measurement of turbidity is a key test of water quality.

The turbidity limitations will effect construction sites on a phase-in schedule. Construction sites with 20 or more acres of earth disturbance must comply starting August 2, 2011, and those sites with 5 or more acres of earth disturbance must comply starting February 2, 2014.

Covered sites must monitor the storm water discharge for turbidity, report the results of the monitoring and use control technologies (which are not defined) to ensure that the maximum levels are not exceed.

Other Changes (Non-Numeric BMPs)

The EPA has identified other mandatory Best Management Practices (BMPs) relating to: (i) Erosion and Sediment Controls (40 CFR § 450.21(a)); (ii) Soil Stabilization (40 CFR § 450.21(b)); (iii) Dewatering (40 CFR § 451.21(c)); (iv) Pollution Prevention Measures (40 CFR § 450.21(d)); and (v) Prohibited Discharges (40 CFR §450.21(e)).

Additional Resources

Posted in:     Federal, Green Building, Regulations  /  Tags: , , , ,   /   Leave a comment

Model "Green Code" Coming This March

On March 2, 2010 Author By Scott Wolfe Jr

A draft of the International Green Construction Code (IGCC) is scheduled for release in March 2010.  Developed in partnership with the American Institute of Architects and ASTM International, and supported by the United States Green Building Council, the code is expected to perform as a “model code” for jurisdictions across the country looking to draft and enforce green construction codes in their areas.

There’s a key difference between the proposed “code” and rating systems such as the LEED Rating system.    Unlike rating systems like LEED, the IGCC is a regulatory framework.

A great article explaining the IGCC and its potential uses and challenges was written by Harvey Berman, a LEED AP lawyer in Ann Arbor, Michigan.   Read it here:   “ICC makes rapid progress on International Green Construction Code.”

It will be interesting to see which jurisdictions adopt the IGCC, and which go further to make it mandatory.

As many in the green building sector know, California has already adopted a “California Green Building Standards.”  While code compliance is currently voluntary, it becomes mandatory this year.   Other cities and states have introduced and passed legislation that will require commercial projects to meet certain sustainable performance benchmarks, although not always in the form of a code.

In Washington state, and the City of Seattle, new laws require commercial property owners to report its energy performance, and disclose it to future tenants and purchasers.   Seattle, Washington, Portland and the entire Pacific Northwest is likely to be among the early adaptors of the IGCC.

Louisiana certainly hasn’t remained dormant in the green building sector, and perhaps the state and its parishes will look closely at the IGCC when its released.

This article was originally posted on Wolfe Law Group’s topic-specific Louisiana Green Building Law Blog.

Posted in:     Federal, Green Building  /  Tags: , , , ,   /   Leave a comment

National Building Code with Green Building Implications on Horizon?

On January 12, 2010 Author By Scott Wolfe Jr

Late in 2009, the Wall Street Journal reported that the U.S. Congress in considering a national building code.   The national building code wouldn’t necessarily interfere with a state or county’s general building regulations, but would instead focus almost exclusively on setting national green building benchmarks.

Some have celebrated the idea of a national building code addressing sustainability goals for the country, others have condemned it, and still more have suggested that the proposal does not go far enough.

While the bill at question has passed the U.S. House of Representatives, the Senate has yet to really consider it, and so the idea of a national building code isn’t quite “on the horizon.”    I’m confident that before a national building code gets rolled out of Congress, a huge ideological fight between Republicans and Democrats will ensue…and we haven’t seen that yet.

However, the fact that it’s in a bill that has passed the U.S. House is significant.  The idea of having sustainable building requirements in private construction has obvious support, and so builders, developers and architects can expect this idea to stick around for a while.   It may not manifest in a national building code…but it may manifest in local codes, and who knows, maybe it will slip through the Senate without much controversy and be on its way to law as we approach 2011.

Stay tuned.

Posted in:     Construction News, Federal, Green Building, Regulations  /  Tags: ,   /   Leave a comment
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