Construction

DOL Extends Comment Period for Proposed New Rule Regarding Independent Contractor Status

On October 25, 2022, the Department of Labor extended the comment period for its new proposed rule regarding independent contractor status under the Fair Labor Standards Act. While the comment period was originally set to expire on November 28, 2022, interested parties will now have until December 13, 2022 to submit comments.

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The Construction Legal Hypothec: One Must Have “Taken Part” in the Construction

The Civil Code of Québec [Code] provides special protection to businesses and workers in the construction industry:

2726. A legal hypothec in favour of the persons having taken part in the construction or renovation of an immovable may not charge any other immovable. It exists only in favour of the architect, engineer, supplier of materials, workman and contractor or subcontractor for the work requested by the owner of the immovable, or for the materials or services supplied or prepared by them for the work. It is not necessary to publish a legal hypothec for it to exist.

The hypothec is created without the need to take any steps, although, under article 2727 of the Code, a notice must be registered to extend its validity beyond the 30 days following the end of the completion of the work. But conditions do remain despite this absence of formalism: not everyone who can be linked to the construction can be entitled to the hypothec.

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