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LEGAL ISSUES


 Request Inspection. Second, contractors should contact the CSLB and request an inspection of the property with their own independent construction expert. An inspection of any sort is critical because by this time the contractor will not have seen the site in its present condition for a period of months. It is optimum to proceed with the inspection after the preparation of the CSLB expert report (allowing contractors to “walk in the shoes” of the experts and review their analysis). Be prepared to take the non-invasive investigative steps to prepare your defense. Finally, the arbitrator may attend this inspection, which affords contractors the opportunity to share with the arbitrator their own perspective on the work, repairs, etc.


preparing a defense and will provide an understanding of how the owner is likely to proceed at arbitration.


 Pre-Arbitration Meeting. Next, request a pre-arbitration meeting with the CSLB industry expert. If allowed, this meeting will help the contractor gain a thorough under- standing of the expert inspection report before arbitration.


 Meet with Witnesses. Request that the CSLB provide an oppor- tunity to meet with any of the complainant’s witnesses prior to arbitration. Tis provides an opportunity to question and understand the basis for, and potential legal impact of, their testimony.


 Retain Counsel. Finally, contractors should consider retaining an experienced construction litigator who is familiar with construction licensing claims. Qualified counsel often proves instrumental in defending what are frequently meritless claims.


Dealing with a CSLB complaint


 Backup Documents. A contractor should provide all backup documents that support its position (i.e. invoices, photos, witness statements, etc.). Te arbitrator may consider these types of documents in making its ruling as they are not constrained by the strict evidentiary rules used in court. Introduce any and all records that will assist in a defense.


New AGC VP of Industrial Relations Mark Reynosa has been promoted


to Vice President of Industrial Relations, according to a recent announcement by Tom Holsman, AGC of California CEO. Reynosa, who most recently served


as Director of Industrial Relations for Southern California with AGC will oversee operations in IR and Labor Relations statewide. In announcing the appointment,


Holsman said, “It is our responsibility to provide AGC’s membership with the best representation on all fronts. Mark has over 15 years of experience in labor relations during which he has created a valuable network of relation- ships while building a strong industrial relations team indicative of what the industry needs.” Reynosa joined AGC in 2005


as the Manager for Labor Relations in Northern California. Prior to joining AGC, Reynosa worked for the Employers Advocate, Inc. as a


www.AGC-CA.org


can be a daunting process, and if not responded to properly, it can signifi- cantly impact your business. Terefore, a contractor should give immediate attention to any complaint against its license; by following the above best practices, contractors will put themselves in the best possible position to defend any license challenges. 


T. Darren Barker and Eric Rans are


partners at Michelman & Robinson, LLP. Tey are members of the firm’s Construction Practice Group and headquartered in Orange County. For more information, please visit www.mrllp.com.


INDUSTRIAL RELATIONS


Labor Relations Advisor. He was appointed to the Northern California Cement Masons Pension and Health & Welfare Trust Funds as a management trustee in 2011 and was recently appointed as a management trustee on the Southern California Operating Engineers Local Union No. 12 Pension and Health & Welfare Trust Funds. He also serves on various union contraction industry programs and trusts in California such as the Foundation for Fair Contracting, California Field Iron Workers Appren- ticeship & Vacation Trust Funds, Northern & Southern California Carpenters Work Preservation Committees, and is the Co-Chair of the Northern California Teamsters Apprenticeship & Training Trust Fund. “I endeavor to continue providing


unrivaled labor relations customer service and advocacy to the union membership with AGC’s union


partners while inspiring the Industrial Relations team to not only do the same but persistently hold steadfast in their determination to bringing proactive and creative solutions to the labor relations activities and needs of AGC’s members,” said Reynosa. Also making a move in the Indus-


trial Relations team is Estefania Zavala, who will be assuming the title of Contract Administrator Industrial Relations for Southern California. Estefania has been with the Associ- ation for one year and previously held the position of Administrative Assistant to Reynosa. “Mark and his team’s contributions


to the collective success of AGC is something we are proud to recognize with these promotions,” said Holsman.


Associated General Contractors of California 17


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