There’s the 5 Second Rule, But Have You Heard of the 5 Year Rule?

They’re called deadlines for a reason. Usually, because something really bad could happen if you fail to meet the deadline. For those in the construction industry,…

AAA Revises its Construction Industry Arbitration Rules and Mediation Procedures

This one is for the lawyers. Or for those of you who are claims-minded . . . Effective March 1, 2024, the American Arbitration Association (“AAA”)…

Government Claims Act Does Not Apply to Actions Solely Seeking Declaratory Relief and Not Monetary Relief

Perhaps it should come as no surprise, but public entities get special treatment under the law, and when filing a claim against a public entity, in…

Contractor Prevails in Part Against CalOSHA in Valley Fever Case

Fever. Specifically, Valley fever. Caused by the fungus Coccidioides. It lives in the top two to 12 inches of soil, can become airborne when the soil…

AGC’s 2024 Construction Outlook. Infrastructure is Bright but Office-Geddon is Not

The Associated General Contractors of America has issued its 2024 Construction Outlook. According to its survey of construction contractors throughout the United States, contractors have a…

Homeowner Who Wins Case Against Swimming Pool Contractor Gets a Splash of Cold Water When it Comes to Attorneys’ Fees

Looking outside as of late it seems like the glorious, sun-drenched days of Summer are just a nostalgic memory of days long gone. So, to bring…

9th Circuit Plumbs Through the Federal and State False Claims Acts

You may have heard of the False Claims Act and know that it penalizes companies and individuals in contract with the government who present false claims.…

You Say Tomato, I Say Tomahto. But When it Comes to the CalOSHA Appeals Board, They Can Say it Any Way They Please

We lawyers do a fair amount of reading. Documents. Court decisions. Passive aggressive correspondence from opposing counsel. As well as statutes, regulations and administrative guidance. And…

Jury Could Have Found That Scissor Lift Manufacturer Should Have Included “Better” Safety Features

A few years ago I listened to an NPR segment called “What Can Kids Learn by Doing Dangerous Things?” It was about a summer program called…

[Author Jernej Furman, CC-by-2.0 (cropped)]

2024 Construction Law Update

We would like to wish you and yours a happy holiday season as we approach 2024. The first half of the 2023-2024 legislative session saw the…

Hirer Not Liable Under Privette Doctrine Where Hirer Had Knowledge of Condition, but not that Condition Posed a Concealed Hazard

The Privette doctrine, so-called because of a case of the same name, Privette v. Superior Court , 5 Cal.4th 698 (1993), provides a rebuttable presumption that…