LEGAL ISSUES


AGC’s Go-To Legal Advisors: The Legal Advisory Committee (LAC)


By Daniel F. McLennon, Esq. AGC Legal Advisory Committee Chair


assured that they have a team of the nation’s top construction lawyers (about 160 presently) watching and influencing – in real time – legal developments that impact California’s construction contractors.


W


What the Legal Advisory Committee (LAC) Does


As you read this, a case is pending


in the California Court of Appeal that threatens “pay when paid” and, if affirmed, would require prime contractors to pay subcontractors within a set number of days, whether or not the prime contractor has been paid by the project owner. Te LAC’s Amicus Subcommittee is already organizing briefing to persuade the court to protect prime contractors from the burden of having to finance projects. Te Committee recently submitted a Court of Appeal briefing in support of keeping workers’ compensation the exclusive remedy for injured workers. In addition to filing amicus briefs, your LAC serves the AGC in many


other ways, including:  Responding to members’ hot-line questions on legal and regulatory matters.


 Updating AGC’s standard form contracts.


 Drafting, reviewing, and negoti- 10 March/April 2019


elcome to a fresh legal year for AGC of California! AGC members can rest


ating proposed legislation.


 Reporting on new legislation and cases that affect the construction industry.


 Writing articles for the AGC website and publications, including this annual legal issue of California Constructor.


Members of the LAC also present


educational programs at monthly meetings throughout the year (presently, first Tuesday afternoon conference calls), and hold a rigorous, two-day fall retreat, in order to update members and develop younger profes- sionals in the construction industry. (Get those legal education require- ments met, and network with the best in the industry!) Te 2019 legal retreat will return to a favorite Southern California venue, Torrey Pines. A slate of top-notch speakers and cutting-edge topics are already in the works.


Please Join Us Continuing efforts from prior


years, the LAC is beating the drum and inviting contractors and law firms to encourage their younger members to become involved. Te feeling is the more diverse we become, the stronger the industry will be. Folks looking to plug in and make a


difference have plenty of opportunities through the LAC subcommittees,


Thank You LAC!


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


which include:


Legal Hot Line Subcommittee: Provides prompt responses and limited free consultations to member companies.


Amicus Subcommittee: Prepares the LAC recommendations to the AGC Executive Committee relating to “friends of the court” fillings on behalf of the AGC. Following Executive Committee approval, this subcommittee prepares and files the proper court documents on behalf of the AGC membership.


Forms Subcommittee: Drafts new forms or revises existing AGC forms to assure compliance with recent laws and regulations or to assure AGC standard forms address new legal developments that impact the contractual rights of the member companies.


Legislative Task Force: Provides assistance and advice to the Legislative Committee and the association’s legislative advocates.


A huge thanks goes to the many


LAC members whose volunteer hours make all of these services available and, as a result, make California a better place to be a construction contractor. Te personal satisfaction of working with such dedicated professionals and making a positive difference more than compensates for the time committed. Please take this as my personal


invitation to you to engage with us in this worthy cause. 


Dan McLennon is the Managing


Partner of Smith, Currie & Hancock LLP’s (www.smithcurrie.com), San Francisco. He can be reached at (415) 394-6688 or dfmclennon@smithcurrie.com.


California Constructor


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