California Conference of Mason Contractor Associations, Inc.

By Sam K. Abdulaziz &
Kenneth S. Grossbart
Abdulaziz, Grossbart & Rudman

When you bid on a job you need to understand what work is involved, what materials you will use, and what subcontractors or material suppliers you will be using. But do you understand the rest of the contract? In the Greg Opinski Construction, Inc. v. City of Oakdale case, it is seen why it is important to have a complete understanding of what is in your contract. This matter went to trial for various other issues, but the issue at hand in the appeal is all that is discussed for purposes of this article.

This particular case came about because of seven months of job delays, unapproved change orders, construction defects and non-payment. The contract called for the job to be completed within 300 days. It laid out very specific change order procedures for which either the contract time or price could be changed. There were two acceptable avenues to have a change order accepted....

Publication Date: 03/19/2012
Source: Insurance Networking News (Online)

According to a new survey, cost containment leads employer concerns in 2012; safety also a worry.

The number-one workers compensation insurance concern of employers for the next 12 months is cost containment, a new study shows. In its report of 3,500 employers, SaaS solutions provider Zywave revealed that 59 percent of respondents said they are very or somewhat concerned about their ability to contain costs this year. Employers are also concerned about increasing exposures, renewals and rising fraud behaviors.

Conducted from January 6 to February 24, Zywaves Workers' Compensation Safety Survey studied 20 business sectors, with the heaviest representation coming from manufacturers (17 percent), health care and social assistance providers (15 percent), and construction (13 percent). Survey respondents included human resource personnel (36 percent), finance staff (19 percent),...

The revised structure brings all former Chapter Associate members (except San Diego) under the umbrella of the state organization providing uniform benefits at a rate reflecting the business type of the Associate Member. Associate Members are now identified under three primary categories:

1) Professional Service Provider, 2) Material & Equipment Dealer/Supplier, and 3) Manufacturer/Producer.

As mentioned, San Diego is the exception to this rule. While most chapters have experienced significant inactivity which has resulted in the state association assuming all benefits delivery and administrative functions, the San Diego Chapter has remained an active and viable regional presence for its members. Therefore, the San Diego Chapter will retain its chapter status and its corresponding dues structure.

2012 Associate Member Dues Letter

Oakland – The Department of Industrial Relations (DIR) announces the Jan. 1 launch of the newly created Labor Enforcement Task Force (LETF). LETF is a collaborative effort between state agencies to combat the underground economy and to improve California’s business environment where legitimate employers can thrive. 

The primary partners of the LETF include DIR, the Employment Development Department, Contractor’s State License Board, Board of Equalization, and the Bureau of Automotive Repair. LETF will also collaborate with the Department of Insurance, the Attorney General and Local District Attorneys, and others in affected communities.  LETF will help ensure that workers’ rights are protected and that hard-working, compliant business owners have an opportunity for healthy competition in California.  

“The goal of LETF is to ensure fair and safe working conditions in all workplaces and promote a level playing field for employers through education and...

CONTRACTOR ALERT!
Two (2) Important Regulations Go Into Effect with the New Year

Mandatory State Regulations for Public Works Projects and Diesel Regulations for Heavier Trucks (GVWR >26,000 lbs.)
Become Effective January 1, 2012

In the November 8, 2010 edition of CCMCA News-at-a-Glance (http://www.ccmca.org/attachments/article/132/Vol_32_NAAG_Nov_8.pdf), we reported that the Department of Industrial Relations (DIR) had suspended the operations of its newly-formed labor compliance entity, the Compliance Monitoring Unit (CMU) due to legal questions surrounding the method by which fees were to be paid to the CMU. Those questions have now been resolved and the CMU begins operations on January 1, 2012.

The CMU is a new unit within the Division of Labor Standards and Enforcement (DLSE) created to monitor and enforce prevailing wage requirements on public works projects...

The California Apprenticeship Council has again amended the apprentice dispatch requirements on California public works projects.  Effective November 16, 2011, 8 C.C.R. section 230.1(a) was amended to include the following language:

Except for projects with less than 40 hours of journeyman work, each request for apprentice dispatch shall be for not less than an 8 hour day per each apprentice, or 20% of the estimated apprenticeship hours to be worked for an employer in a particular craft or trade on a project, whichever is greater, unless an employer can provide written evidence, upon request of the committee dispatching the apprentice or the Division of Apprenticeship Standards, that circumstances beyond the employer’s control prevent this from occurring.

The Division of Apprenticeship Standards (DAS) has indicated that, for enforcement purposes, the amendment will apply to projects bid on or after November 16, 2011.  The DAS has also indicated that it plans to...

The top construction project management applications, designed to improve collaboration, and keep projects on-time & on-budget.

As the construction industry moves toward BIM and integrated project delivery (IPD), project management systems that utilize cloud computing and encourage collaboration will become vital to a project’s success. The systems mentioned below improve transparency and efficiency at all levels of the project, while reducing printing and shipping costs.

ACONEX: Aconex is a leading online project collaboration platform designed to improve the management of the project for all of the companies involved. All participants in the project can access, track and manage information pertaining to a project. The platform also works well in conjunction with other software systems, making it easily incorporated into any business.

Most recently, teams from all over the world who were involved with Singapore’s Marina Bay Sand integrated...