LEGAL ISSUES


contractors, including intricacies of wage and hour and prevailing wage enforcement and litigation.


 Important changes to the American Institute of Architects (AIA) form contracts (2017 edition), which dramatically affect contractors that utilize those forms.


 Important licensing, subcon- tracting, and regulatory experiences contractors are having on various projects or with certain agencies.


 Trial and appellate court develop- ments, including the Job Order Contracts cases, prompt payment act cases, indemnity and labor cases. For 2018, the LAC has set its retreat


in October in Carmel Valley, and there is already a full slate of legal presenta- tions in the works.


LAC Subcommittees, Task Forces Take Active Role


In addition to the monthly and


annual conferences, the LAC has formed several important subcom- mittees that take a deeper dive into specific topics impacting AGC members. For instance, LAC members are part of a Legislative Task Force. Tey address pending and upcoming bills and provide feedback and assistance to the AGC Legislative Committee. LAC members also partic- ipate in a Legal Hotline Subcommittee, which stands at the ready and responds quickly to inquiries from members. Tey participate in the Forms


Subcommittee, where they keep the template forms relevant depending on new case law and new statutes affecting the industry. In just one example, this past year the AGC Long Form Subcon- tract was updated to address risks associated with AB1701 and AB219, which charged contractors with various expanded liabilities related to labor and wages. Finally, LAC members participate


in an Amicus Subcommittee, which reviews amicus appellate briefing


Thank You LAC!


California Constructor gives special thanks to the AGC Legal Advisory Committee, whose members prepared articles on several leading legal issues that are impacting the construction industry and your business. Additional legal articles will follow in coming months.


requests and makes recommendations to the Executive Committee on when the AGC should support such requests. Over this past year alone, such requests have addressed topics including liability for injuries of independent contractors and prompt payment laws.


The Year Ahead With the strong state and federal


infrastructure goals, divided political agendas including laws aimed at


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contractors who might participate in the federal plans to build a border wall, dynamic changes in labor and safety laws and regulations, and given the tight labor market, the year ahead will undoubtedly bring legal change and challenges that LAC is geared up to address.


Te goal of the LAC is to meet


those challenges, stay abreast of any and all changes and provide membership valuable insights and assistance on legal issues. It is my pleasure and honor to be part of the LAC as we strive to assist AGC membership in a variety of ways in the year to come. 


Jonathan J. Dunn, Esq., is a partner at SMTD Law LLP, in its Irvine office (www.smtdlaw.com). He can be reached at 949-537-3805 or jdunn@smtdlaw.com.


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