California Contractor Spills Coffee on Himself by Failing to Stay Mechanics Lien Action While Pursuing Arbitration
It bugs the Mrs. that I have a habit of reading the directions. “Just plug the darn thing in!” said the Mrs. when we got a…
Supreme Court Finds Insurance Coverage for Intentional (and Despicable) Act of Contractor’s Employee
Not to cast shade on your fun in the sun, but here’s an unusual, albeit sad and creepy, one for you. I’m bummed even writing about…
The Unpost, Post: Dynamex and the Construction Industry
It’s been three months since the California Supreme Court issued its landmark decision in Dynamex Operations West, Inc. v. Superior Court, Case No. S222732 (April 30,…
California Supreme Court Addresses “Good Faith” Construction Disputes Under Prompt Payment Laws
It’s been a rollercoaster. But the ride appears to be over. In United Riggers & Erectors, Inc. v. Coast Iron & Steel Co., Case No. S231549…
Failure to Consider Safety Element in Design Does Not Preclude Public Entity’s Discretionary Authority Under Design Immunity Defense
In Rodriguez v. Department of Transportation, Case No. F074027 (March 27, 2018), the Court of Appeals for the Fifth District considered the following mind-twister: Can you…
In a Win for Property Owners California Court Expands and Clarifies Privette Doctrine
We’ve written before about the Privette doctrine, which generally holds that a higher-tiered party is not liable for injuries sustained by employees of a lower-tiered party…
And the Winner Is . . . The Right to Repair Act!
Civil litigation attorneys often talk about “damages.” Because without damages . . . well . . . you’re out of luck. But damages come in different…
California Court Broadly Interprets Insurance Policy’s “Liability Arising Out of” Language
In McMillin Mgmt. Servs. v. Financial Pacific Ins. Co., Cal.Ct.App. (4th Dist.), Docket No. D069814 (filed 11/14/17), the California Court of Appeal held that the term…
In a Win for Design Professionals, California Court of Appeals Holds That Relation-Back Doctrine Does Not Apply to Certificate of Merit Law
The year was 1995. The old guard was still in power in Sacramento. “Button-Down” Pete Wilson was Governor. Willie Brown, the self-nicknamed “Ayatollah of the Assembly,” was…
Property Damage, Occurrences, Delays, Offsets and Fees. California Decision is a Smorgasbord of Construction Insurance Issues
I read once that 97 percent of cases never go to trial. However, there are still the ones that do. And, then, there are the ones that…
Construction Companies Can Be Liable for “Secondary Exposure” of Asbestos to Household Members
The history of asbestos regulation in the United States is complicated. Prior to the 1970s, asbestos-containing materials used in construction was widespread. In 1971, when…
When Your “Private” Project Suddenly Turns into a “Public” Project. Hint: It Doesn’t Necessarily Turn on Public Financing or Construction
In 1931, during the Great Depression, the federal government enacted the Davis-Bacon Act to help workers on federal construction projects. The Davis-Bacon Act, also known…
