Publications

Section Newsletter Articles on Contractors

Carney v. Union Pacific Railroad Co.: The Illinois Supreme Court clarifies extent of liability to a subcontractor employee by an owner or general contractor By Richard Lee Turner, Jr. Civil Practice and Procedure, November 2016 In its recent decision in Carney v. Union Pacific Railroad Company, the Illinois Supreme Court has offered further guidance on not only what constitutes sufficient control for purposes of liability under §414 of the Restatement, but also what is sufficient to establish duty and potential liability under the theory of “negligent hiring” of a contractor or subcontractor under Restatement (Second) of Torts §411 (1965); and, further, what is necessary to impose liability on an owner for the existence of a “dangerous condition” on the land under the Restatement (Second) of Torts §343 (1965).
Independent truck driver vs. employee By Kenneth F. Werts Workers' Compensation Law, September 2015 An examination of Steel & Machinery Transport, Inc. v. Workers’ Compensation Commission.
District court finds truck drivers to be contractors not employees, and grants summary judgment to motor carrier in discrimination case By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, November 2014 A summary of the recent case of Silic v. BBS Trucking, Inc.
Subcontractor rights under the Miller Act: A case study By Joshua Atlas Commercial Banking, Collections, and Bankruptcy, August 2013 A summary of the recent case of In Capital Computer Group, LLC v. The Gray Insurance Company.
Lurking sales/use tax issues in performing contract installation work for big box stores By David R. Reid State and Local Taxation, August 2011 Construction contractors should include provisions in the contract to allow for reimbursement or a higher cost for services to include use tax payments.
Southern District Of California finds home delivery drivers to be independent contractors, not employees By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, June 2011 The U.S. District Court for the Southern District of California analyzed each of the ten "common law factors" relating to the drivers’ employment/contractor status, ultimately concluding that plaintiffs’ evidence was insufficient to overcome the Georgia law presumption of independent contractor status for the plaintiff drivers.
“What’s in a name …”—The importance of properly classifying “independent contractors” By Betsy Johnson Corporate Law Departments, April 2010 Studies have shown that companies can save as much as 30% of payroll and related taxes by classifying workers as independent contractors.
Mandatory disclosure and expanded ethics requirements for government contractors By John E. Jensen Corporate Law Departments, January 2009 Starting on December 12, 2008, new rules require all federal contractors to disclose to the government violations of many federal criminal laws and any false claims made to the government. These changes are likely to cause contractors to reassess their ethics and compliance programs. The changes will present contractors with challenging questions, such as whether a disclosable violation has occurred.
Government contracting By John E. Stevens Corporate Law Departments, September 2007 A checklist of the basic points to be aware of.