At the Border of Contract and Torts in Construction Disputes
“The declining significance of privity has found its way to construction law.” So begins the 4th District Court of Appeal’s decision in Lynch v. Peter &…
Fairness is Relative. Workers Compensation and the Dreaded Section 7031
I’ve lost my share of cases over the years. Winning of course, feels great, and losing doesn’t. But losing teaches lessons that winning rarely can. At…
Tesla, Trafficking and the False Claims Act
Living in California, illegal immigration has been a topic of debate for as long as I can remember. But I can’t think of a time when…
Just Because You Can, Doesn’t Mean You Should. The “Retained Control” Exception to the Privette Doctrine
Eating an entire bag of “family” sized potato chips in one sitting. Guilty. Binge watching the entire new season of Black Mirror over a weekend. Guilty.…
Mind Those Deadlines! Party Loses Appeal of Arbitration Decision by Failing to Timely File a Petition to Vacate
Arbitration provisions are increasingly common in construction contracts. Indeed, the boilerplate AIA contract documents include a standard arbitration provision providing for arbitration before the American Arbitration…
The Privette Doctrine and Its Exceptions: Court of Appeal Grapples With the Easy and Not So Easy
In CBRE v. Superior Court, 102 Cal.App.5th 639 (2024), the 4th District Court of Appeal grappled with a thorny and not-so-thorny issue involving injured parties…
Court Retained Jurisdiction to Enforce Settlement Under Code of Civil Procedure Section 664.6 Despite Dismissal of Complaint
Attorneys will commonly add a Code of Civil Procedure section 664.6 provision in their settlement agreements to ensure that courts have continuing jurisdiction to enforce the…
Word of the Day: “Contractor”
What’s in a word? When it comes to insurance policies, a word, can potentially mean millions of dollars. In California Specialty Insulation, Inc. v. Allied World…
Employees in Construction Industry Entitled to Compensation for Time Spent Complying with Employer-Mandated Security Protocols
Wage and hour laws dictating how employers must compensate their employees for time worked can, given the innumerable ways that employees perform their jobs, raise a…
Staffing Company Not Entitled to Make a Claim Against a Payment Bond and Attorneys’ Fees on State Public Works Payment Bonds
It’s not quite Baskin Robbin’s “31 Flavors” but the panoply of statutory construction payment remedies available to contractors, subcontractor and material suppliers in California, from mechanics…
Courts Will Not Second-Guess Public Entities When it Comes to Design Immunity
It was a bizarre confluence of events. Jorgen Stufkosky was driving on SR-154 in Santa Ynez, California. Martha Aguayo was driving on the same highway ahead…
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,…
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