Close Enough Only Counts in Horseshoes and Hand Grenades
In State Farm General Insurance Company v. Oetiker, Inc., Case No. B302348 (December 18, 2020), a manufacturer sued in subrogation action under the Right to Repair…
California Contractor Tests the Bounds of Job Order Contracting
Most contractors have heard of design-bid-build, design-build, construction manager at risk, and even public private partnerships, various project delivery methods, which, at their heart, focus on…
Owner’s Slander of Title Claim Against Contractor Recording Four Separate Mechanics Liens Fails Under the Anti-SLAPP Statute
Most mechanics lien actions follow a pretty standard process: A mechanics lien claimant, either a contractor subcontractor, material supplier, or laborer, performs work but is not…
2021 Construction Outlook: Slow, Uneven Recovery Expected
The way we started 2020 was a lot different than how we ended 2020. Here’s a recap: The Start of 2020: When we started 2020 construction…
Roadway Contractor Owed Duty of Care to Driver Injured Outside of Construction Zone
For the roadway contractor it appeared to be an open and shut case: Plaintiff car driver was stopped at a standard one-way “reversing lane closure” traffic…
2021 California Construction Law Update
This Christmas looks to be a Blue Christmas as the nation grapples with rising infection, hospitalization and death rates due to COVID. But there’s always 2021…
California’s Regional Stay At Home Order and CalOSHA’s Emergency COVID Regulations
On December 3, 2020, the California Department of Public Health issued a Regional Stay At Home Order (“Order”) triggered if intensive care unit (“ICU”) capacity drops below…
Deadlines. . . They’re Important. Project Owner Risks Losing Claim By Failing to Timely Identify “Doe” Defendant
Earlier this year I filed a complaint in a court which I won’t identify other than to say that it wasn’t the San Francisco Superior Court.…
Contractor Haunted by “Demonized” Flooring
The most un-Halloween of Halloweens has come and gone. If you ask me though, between COVID, protests, fires, hurricanes, the passing of a Supreme Court Justice,…
Court of Appeal Holds That Higher-Tiered Party on Construction Project Can be Held Liable for Intentional Interference with Contract
In Caliber Paving Company, Inc. v. Rexford Industrial Realty and Management, Inc., Case No. G0584406 (September 1, 2020), the 4th District Court of Appeal examined whether…
A Primer on Insurance for Construction Projects
People who live in glass houses should have insurance (in addition to not throwing stones). So too should your construction project. The risks inherent on a…
Court Holds That One-Year SOL Applies to Disgorgement Claims Under B&P Section 7031
We’ve talked before about Business and Professions Code section 7031 which courts have referred to as “harsh[ ],” “unjust[ ]” and even “draconian.” Under Section 7031,…
