The Prompt Payment Rollercoaster
This past year we wrote about a case involving California’s prompt payment laws and the current state of confusion with the prompt payment statutes which are scattered throughout the…
California Supreme Court Shifts Gears on “Reverse CEQA”
The California Supreme Court has shifted gears on so-called “reverse CEQA” under the California Environmental Quality Act (“CEQA”). The Supreme Court, in a much-anticipated decision, in California…
California Supreme Court Raises the Bar on Dangerous Conditions on Public Property Claims
Earlier we wrote about the affirmative defense of “design immunity” which can be used by public entities to shield themselves from personal injury claims dangerous conditions on…
California Bid Protests: Responsiveness and Materiality
It can be a rough and tumble world out there.* And in the case of public works construction in California, this includes bid disputes. California’s competitive…
That Boilerplate Language May Just Land You in Hot Water
The following post originally appeared in my partner Kevin Brodehl‘s informative blog, Money and Dirt. If you’re involved in real estate investment, development and/or secured lending in California, it’s a must read. While…
No Escape: California Court of Appeals Gives a Primary CGL Insurer’s “Other Insurance” Clause Two Thumbs Down
“No Escape” is a 2015 action movie starring Pierce Brosnan and Owen Wilson (that’s right, Owen Wilson) and which the folks at rogerebert.com described as “a…
Time is Money. Unless You’re an Insurance Company
Benjamin Franklin may never have been President but he’s better known than most of them. Not least of all for his pithy quotes on a wide range of…
Bar Against Forum Selection Clauses in Construction Contracts Extended to Design Professionals
It’s a tactic as old as war itself. You can often gain a strategic advantage by selecting the location of battle. The same is true in litigation.…
Proving Contractor Licensure in California. The Tribe Has Spoken
As I mentioned in an earlier post, in California you must “prove” you’re a licensed contractor in a construction case. But in whose hands are you entitled…
Design Immunity of Public Entities: Sometimes Designs, Like Recipes, are Best Left Alone
April 23, 1985 is a day that will live in infamy. The Coca Cola Company, responding to falling sales against its “sweeter” rival Pepsi-Cola, announced that…
The Right to Repair Act Isn’t Out for the Count, Yet. Homebuilders Fight Back
“[I]t ain’t how hard you hit; it’s about how hard you can get hit, and keep moving forward. How much you can take, and keep moving…
Is it the End of the Story for Redevelopment in California?
Long, long ago (in 2012 to be exact) in a land not so far away (also known as California), legislation which allowed local governments to establish…
