Berenson LLP ? Industry Issues to Be Aware Of (8)

Kansas: DNC Violations Reported. The Kansas Attorney General has fined two out-of-state construction companies for violating the Kansas No-Call Act. Walley?s Heartland Construction, of Omaha, Nebraska, paid a $10,000 penalty as a result of making unwanted telephone solicitations. Kansas also received a $40,000 default judgment against Countrywide Shingle and Siding of Golden, Colorado.

Maryland: New Contract Disclosures! The Maryland Legislature has directed the Maryland Home Improvement Commission to write a new home improvement disclosure to advise Maryland customers of certain rights under Maryland law. The new provision can be provided to customers on a stand-alone form until July 1, 2013; however, after that date, the disclosure must be included within the customer contract.

Maryland: 1099-Alert! Maryland has amended its Workplace Fraud Act, which is intended to crack down on employee misclassification in the construction industry. The law was already burdensome, but now, in order to have the most protection, businesses must have their independent contractors sign and notarize a statement attesting to their independent contractor relationship.

New Jersey: Lien Law Changes! The state?s mechanic?s lien law has been amended so as to give the contractor more time to decide if a mechanic?s lien is necessary and more time to follow the process necessary to perfect a mechanic?s lien. Under the old law, contractors essentially had to complete the entire mechanic?s lien within 90 days of the last day of work. Under the revised law, it is now 120 days. This additional time is important because New Jersey has an odd requirement that residential mechanic?s liens be filed with the American Arbitration Association.

Virginia: 1099-Alert! Virginia?s Joint Legislative Audit and Review Commission (JLARC) has issued a 100-page report recommending a crackdown on employee misclassification. Amongst many actions, the report recommends the creation of a multiple-agency state task force to consolidate the efforts, data, and resources of various departments within the Commonwealth. If Virginia does take this action, expect a construction-industry misclassification standard put into effect in the future.

Wisconsin: Lead Test Kits Approved. The state now permits contractors to use the 3M? LeadCheck? Instant Lead Test kit in order to test for lead-based paint under Wisconsin?s equivalent of the EPA?s its Renovation, Repair and Painting Rule. Previously, Wisconsin did not recognize any test kits. Instead, paint testing had to be performed by a certified lead inspector or risk assessor using an XRF analyzer or by taking paint chip samples for laboratory testing.

Source: http://berensonllp.com/industry-issues-to-be-aware-of-8

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