I explained in my last two posts how construction managers can be subject to liability when a construction contractor’s employee is injured. Ordinarily, the construction manager has no duty to provide a safe workplace for the employees of a construction contractor and, therefore, is generally not liable for injuries to…
As discussed in my last post, general contractors and construction managers have very different roles in a construction project. General contractors are sometimes sued when their subcontractor’s employees are injured on the job, but that’s not as often the case for construction managers. In addition, the liability analysis is quite…
When it comes to occupational injuries, the construction industry is among the most dangerous. According to the Bureau of Labor Statistics, in 2010 there were more fatal occupational injuries in construction than in any other private industry sector. And when a worker is injured, it sometimes leads to a lawsuit.…
As a mild spring finally melts into the heat of summer, perhaps you’ll soon take a moment to enjoy a small cup of lemonade from a small business on a sidewalk near you. After all it is National Small Business Week. But while you enjoy your refreshment, consider taking…
On February 25, 2011 I wrote a blog post about Righthaven, LLC, a company that has made a business out of suing owners of web sites for alleged copyright infringement. At the time, Righthaven had filed at least 239 lawsuits against all sorts of defendants, including individuals, small businesses, and…
Last November I wrote about a new law that expanded the requirement to issue Form 1099 to include reporting of payments made to corporations and to suppliers of goods. The law was set to go into effect for payments made in 2012. In January I wrote that Representative Dan Lungren…
[Note: The Department of Labor guidance, Fact Sheet #71, discussed in this article has been superseded as it applies to the use of unpaid interns by businesses. See the discussion of the revised policy here. The guidance as it applies to the use of unpaid interns by nonprofit organizations…
[Note: The Department of Labor guidance discussed in this article, Fact Sheet #71, has been superseded. See the discussion of the revised policy here.] With summer vacation approaching, and with the job market being what it is, small business owners may be approached by college or high school students…
Most people understand that signing a Krad v. BP Products North America, BP wanted to build a gas station on property owned by Dr. Krad. However, BP need only a portion of Dr. Krad’s property, not all of it. With the assistance of a real estate broker, BP approached Dr.…
[This is the last of a seven-part series of posts discussing the characteristics of limited liability companies and comparing them to the characteristics of corporations, general partnerships, and sole proprietorships. Here’s the entire list. Part 1. Background on sole proprietorships. Part 2. Background on partnerships. Part 3. Background on corporations.…