Court of Appeal Puts the “Equity” in Equitable Subrogation
Subrogation as a concept is well understood in insurance circles. According to the Institute of Risk Management Institute’s glossary of insurance terms subrogation is “the assignment…
Is it the End of the Lease-Leaseback Shootouts? Maybe.
It’s the case that has turned into a modern day Hatfield versus McCoy – McGee v. Torrance Unified School District, Case No. 8298122, 2nd District Court…
Champagne Wishes and Caviar Dreams. Unlicensed Contractor Takes the Cake
Before the Kardashians, before Empire, before Crazy Rich Asians there was Lifestyles of the Rich and Famous with Robin Leach. The next case, Moore v. Teed,…
“Pay When Paid” Provisions May Not Be Dead, at Least Not Yet
Sophisticated contractors know that in California contractual “pay when paid” provisions are enforceable but that “pay if paid” provisions are not. “Pay If Paid” v. “Pay…
Insured’s Bad Faith Insurance Claim Evaporates Before its Eyes
Sometimes it’s right there before your eyes. Then, poof, it’s gone. This was the experience of one insured, who brought a bad faith insurance denial claim…
California Mechanics’ Lien Case Treads Both Old and New Ground
People do the darnedest things. The next case, Carmel Development Company v. Anderson, Case No. H041005, 6th District Court of Appeals (April 30, 2020), involving a…
OSHA Issues COVID-19 Guidance for Construction Industry
This past month, after remaining relatively quiet following the coronavirus outbreak, OSHA began issuing industry-specific guidance on how to deal with the coronavirus in the workplace.…
Contractor Sentenced to Seven Years for Embezzling $3 Million
Michael Medeiros was not a good guy. Ok, on a scale of 1 to 10, maybe not a 9 or 10 (when you’re including guys like…
A Glimpse Into Post-Judgment Collections and Perhaps the Near Future?
According to a recent study conducted by the Harvard University, the University of Chicago, and the University of Illinois, more than 100,000 small businesses (firms with…
California Enters Stage 2 of Reopening and Other Coronavirus News
California Enters Stage 2 of Reopening California has entered Stage 2 of its four-stage reopening. Under Stage 2, curbside retail, manufacturing plants and offices are allowed…
Bankruptcy on a Construction Project: Coronavirus Edition
Experts are warning of a wave of bankruptcies in the wake of the coronavirus pandemic. In some industries, such as the hard hit retail sector, that rising…
Bay Area Counties Issue Less Restrictive “Shelter in Place” Orders, Including for Construction
The short story: Construction can resume. The long story: Construction can resume beginning Monday, May 4, 2020, with extensive and detailed restrictions. Six Bay Area Counties Loosen Shelter-in-Place…
