“Design” and “Performance” Specifications: A Recipe Book
In Berkeley Cement, Inc v. Regents of the University of California, Case Nos. F073455 and F073586 (January 7, 2019), the 5th District Court of Appeals examined the…
A Behind-the-Scenes Look at Substitution Hearings Under California’s Listing Law
The next case, JMS Air Conditioning and Appliance Service, Inc. v. Santa Monica Community College District, 2nd District Court of Appeal, Case No. B284068 (December 17,…
Coyness is Nice. Just Not When Seeking a Default Judgment
As Morrissey of the Smith’s sang: Coyness is nice, but Coyness can stop you, from saying all the things in life you’d like to. It’s not uncommon in…
Insurer Barred From Bringing Subrogation Action on Behalf of Suspended Insured
It’s commonly stated that when it comes to subrogation actions, where an insurer seeks reimbursements from responsible third parties for claims paid out by the insurer,…
General Release of Contractor Upheld Despite Knowledge of Construction Defects
Ah, the elusive Lepus Cornutus, commonly known as the Jackalope. Rarely seen, we may have one in SI 59 LLC v. Variel Warner Ventures, LLC, Court…
Naughty or Nice. Contractor Receives Two Lumps of Coal in Administrative Dispute
So, how were your holidays? Hopefully you were good and didn’t receive a lump of coal from Santa. For one contractor, 2018, wasn’t such a good…
2019 California Construction Law Update
The California State Legislature introduced 2,637 bills during the second year fo the 2017-2018 Legislative Session. Of these, 1,016 were signed into law. It was last…
Class Actions Under California’s Right to Repair Act. Nope. Well . . . Nope.
It’s the holidays. A time when family and friends, and even neighbors, gather together. And nothing brings neighbors closer together than class action residential construction defect…
Hirer Liable for Injury to Subcontractor’s Employee Due to Failure to Act, Not Just Affirmative Acts, Holds Court of Appeal
The Privette doctrine, named after the court case Privette v. Superior Court (1993) 5 Cal.4th 689, provides that a higher-tiered party such as an owner or…
It’s Getting Harder and Harder to be a Concrete Supplier in California
Attribution 2.0 Generic (CC BY 2.0) In 2015, the California state legislature passed AB 219, which amended the state’s prevailing wage law to add Labor Code…
Governor Signs Permit Extension Bill Extending Permit Deadlines to One Year
It’s like that feeling you got when your teacher said you have another week to complete your group project. On September 21, 2018, Governor Brown signed…
