Assembly Bill 1701/Labor Code 218.7 – What you need to know? The State of California has passed a number of new laws in recent years but none has been so widely discussed by the construction industry as Assembly Bill 1701 (Labor Code 218.7). This new law extends lability to a general contractor on a private construction project for unpaid wages, fringe, and other benefits owed to a subcontractor’s employees. This is regardless of the tier of the subcontractor or if the subcontractor has already been paid or not. Basically, this gives a subcontractor’s employees the right to make a claim against the general contractor for unpaid wages, fringe or other benefits. Before discussing possible protections there are a few key component of the law …show more content…
How to Protect Your Company When new and potentially unfavorable laws are enacted, there is usually an immediate scramble to avoid the negative impacts it may bring. However, as a general contractor, claims cannot be fully avoided. Thus, much like insurance, the best practice is to implement procedures that reduce the possibility of a claim. Drafting a favorable contract is a good first line of defense. This includes but is not limited to: • Including language that shifts the liability created by the new law back to the subcontractor. For example, the general contract should include language affirming that every subcontractor is accountable for full and timely payment of their workers and all sub-tier subcontractor’s workers; • Requiring subcontractors (all tiers) to provide time cards and wage statements monthly with their pay applications. If the subcontractor fails to provide this information, they do not get …show more content…
The performance bond protects the general contractor (obligee on a subcontract bond) from losses in the event that the subcontractor fails to perform the contract. The payment bond guarantees that the subcontractor will pay their workers, subcontractors, and materials suppliers and that the project will be a lien free project. Requiring performance and payments bonds from your subcontractors transfers the risk of a subcontractor’s non-performance and non-payment to the surety
The Honourable David Johnson introduced Bill 160, the Education Quality Improvement Act during the first Session of the 36th Parliament of the Province of Ontario. Bill 160 was originally written as "an act to reform the education system, protect classroom funding, and enhance accountability and make other improvements consistent with the Government's education quality agenda, including improving student achievement and regulated class size". The negative effects of Bill 160 were displayed using several different political concepts. These include historical background, power, politics, authority, influence, legitimacy, coercion and obligation.
Until the 16th century, Aboriginal people were the only inhabitants of what is now Canada, hence, they were an independent and self-governing people till the Europeans had the capacity to dominate Canada's original inhabitants and possessors (Elias 1). The European Invasion brought about The 1876 Indian Act, which was developed over time through separate pieces of colonial legislation regarding Aboriginal peoples across Canada such as the Gradual Civilization Act of 1857 and the Gradual Enfranchisement Act of 1869. In 1876, these acts were consolidated as the Indian Act (Hanson). This essay aims to explain how the Indian Act tried to destroy the Aboriginal culture through residential schools and unequal recognition of women, successive acts,
In 1819, the Congress of the United States decided to add the state of Missouri to the map. This addition took its toll on both the Northern and Southern states, effecting them politically and financially. The addition of Missouri messed the balance up between the North and South slave states causing much controversy inside Congress. This controversy restricted the South from expanding on their territory to make room for more slaves and more land.
Australia, commercially would be at an advantage if contract law was codified. The common law system which contracts calls home, can only take on so many avenues and limits itself when stretched to cover new areas. There needs to be a national set of laws governing contracts on the commercial front and in general areas to overcome discrepancies across borders. However there still remains inconsistency with consumers, minors and business trade through contracts made online. The digital economy is not only one of the fastest growing areas but is forever changing and is definitely a prospect that needs to be covered. Effective legal safeguards against undue exploitation and advantage-taking in such online dealings would see Australian contract law remain in the global arena. The Australian public need greater stability and certainty from contract law, and codification is a step towards fulfilling that void by allowing citizens to be well equipped and educated on their rights and decisions.
The Arkansas Act 590 is an act that requires balanced treatment of creation-science and evolution-science in public schools, in order to protect academic freedom by providing the student a choice. (State of Arkansas 1981). If one was to look deeper into the Arkansas Act, they would find that not only was it set to protect academic freedom, but also established to guarantee freedom of belief and speech, as well as to prevent the establishment of religion. During a legal case, the American Civil Liberties Union (ACLU) challenged the Act by trying to define the status of creation-science. They did not agree that creation-science was a genuine science. Due to this belief, they seeked to remove the teaching of creation-science from public schools, and label it not as a science.
Throughout United States history, Congress has passed legislation to address important social and economic issues. These laws have often had a significant impact on the United States and/or on American society. The United States Congress passed many laws to help reduce tension and to appease all people. The goal of many of the laws created was to create peace and order between different groups of people.
The Constitution Center, a museum accredited by the American Association of Museums, awards the Liberty Medal to men and women each year and is the only museum to commemorate the American Constitution. That is where we are now. We are at 525 Arch Street, Philadelphia, Pennsylvania - the National Constitution Center. Not to be confused with Independence Hall, the Constitution Center was not where the Constitution was actually written or signed. The Constitution Center does, though, hold one of the 12 surviving copies of the Constitution.
Thorpe, C. P., & Bailey, J. C. L. (2006). Commercial contracts: A practical guide to deals
Commission for Labor Cooperation (2002) “ United States Labor Law.” Viewed online on 11/18/2004 at http://www.naalc.org/english/publications/labormain.htm
The construction site was in a downtown area of a large southeastern city, criss-crossed with city streets, utilities, and immediately adjacent to mid-rise and high rise buildings. Nearly all of the work was required to be constructed within temporary piling structures to limit settlement of adjacent structures. The construction contract called for seven phase releases of work areas and nine completion milestones, each milestone has its own liquidated damages penalty. The construction contract was valued at $10 million, and the duration was 545 calendar days. Following the completion of the work, the contractor filed a claim for $5.5 million and 1.1 million in interest. The authority subsequently denied the claim and the contractor, in accordance with the contract, filed an arbitration demand with the American Arbitration Association. Following the contractor’s issuance of the demand letter, the parties agreed to resolve the dispute through negotiation” (Ray,
Throughout history, there have been changes in the laws regarding homosexuality. The first law regarding homosexuality in England only appeared in 1533. This was when buggery first became a illegal by English law. It was only until 1967 that homosexuality was legalized. Between 1533 and 1967, laws against homosexuality changed forms through that time, yet they all prohibited acts of homosexuality.
Even though his firm was only required to do civil engineering work, Giffels concluded that there was an unacceptable risk to the firefighters who would use the facility with the unresolved issues, so he began contacting other firms with experience handling similar contract projects, part of exercising due care to ensure they could enhance safety. The training facility met the minimum requirements of the law, but Giffels felt that it would be shirking the responsibility his firm has to the public by not callin...
The company claims that they were not responsible for the garment worker’s pay because they were subcontracted does not mean that they have
Schaumber, Peter. "Big Labor is co-opting worker centers to avoid federal law." TheHill. N.p., 26 Nov. 2013. Web. 29 Nov. 2013. .
Also, in instances where the issuer fails to pay the principal amount back to the bond holder,