Babcock Scott & Babcock July 2008 Newsletter - July 11, 2008
 
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July, 2008 Newsletter

Hard Hat Case Note

The Third District Court recently found that the Utah Department of Transportation waived its right to enforce the notice requirements of the contract with its paving contractor where UDOT's project engineer interfered with the contractors means and methods for performing the work. The paving contractor was awarded damages for the impacts it encountered resulting from the project engineer's directive.(Click here for a complete summary of this case).

Legislative Report       

The 2008 session of the Utah State Legislature defined the limits on defective construction claims which in effect codified the economic loss rule (S.B. 220). (Click here for a complete summary of this and other legislative bills). Also addressed was a bill dealing with provisions related to the immigration status of individuals within the state. This law will go into effect in 2009. Pertinent terms include (1) registration with a Status Verification System, (2) prohibitions against discharging any employee while retaining an unauthorized alien in the same job category, and (3) making it a misdemeanor for transporting an illegal alien for a commercial gain (S.B. 81). (Click here for a complete summary of this law).

News of the Firm

•· January, 2008 - Robert F. Babcock, Kent B. Scott and Brian J. Babcock were named to the Legal Elite in the area of Construction Litigation. The Legal Elite was published in the January, 2008 edition of Utah Business Magazine.

•· January, 2008 - Adam T. Mow was honored by Utah Dispute Resolution as one of three outstanding
community mediators for 2007.

•· March, 2008 - Justin E. Scott published an article in the March, 2008 edition of the Intermountain Contractor entitled "Subcontractor Construction defects: Are you Covered?" The article can be read in its entirety by visiting the "Publications" section of Babcock Scott & Babcock's website. http://www.babcockscott.com/.

•· March, 2008 - David E. Merrell participated in the BYU-Idaho Construction Management Department Industry Advisory Board Meeting on February 22nd and was a guest speaker at a Storm Water Compliance Training presented by AccenaGroup on March 26th.

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