10 Answers to Those Nagging Mechanics Lien Questions Keeping You Up at Night. Kind of
Construction lawyers may not ponder the great questions in life. We leave that to the estate planning attorneys. But ponder we do. And the next case,…
Contractors: Beware the Subordination Clause
A bit of mechanics lien trivia. What is the only state in the United States in which mechanics liens are a constitutional right? If you answered California, ding,…
Yes, Indeed. Competitive Bidding Not Required for School District Lease-Leasebacks
Remember when you discovered that the tooth fairy wasn’t real? It was kind of a bummer on one hand learning that it wasn’t a fairy that magically appeared…
Fabricating Materials for a Public Works Project at a Permanent Offsite Facility? Prevailing Wages Not Required. Excellent
I’m not one to reinvent the wheel, so I won’t. The Case: Sheet Metal Workers’ International Association, Local 104 v. Duncan, Case No. A131489 (August 27,…
The “Program Accessibility” Exception for Public Entities Under the ADA
Public owners, as well as private owners and tenants of commercial and retail properties, are at risk of lawsuits brought under the Americans with Disabilities Act…
Being a Contractor Just Got a Whole Lot Scarier
If you’re fortunate enough to live and work in California you have a lot to be thankful for. Temperate weather, beautiful beaches, rugged mountains and an array…
A Beacon for Homeowners and HOAs. Not So Much for Architects
This past year I wrote about a case that made architects none too happy – Beacon Residential Community Association v. Skidmore, Owings & Merrill LLP, Case…
A Lesson in Patent Defects
As years pass following construction of a project, patent versus latent defect issues can become the tail that wags the dog in construction disputes since each…
Just Because You’re in Line Doesn’t Mean You’re Gonna Get Your Turn
This past week two of my colleagues – Bruce Scheidt, our firm’s Managing Shareholder, and Bruce Emard – wrote about a new case involving lien priorities…
Close Encounters of the Miller Act Kind
Some say that close only counts in horseshoes and hand grenades. Here’s another to add to that list. Miller Act claims. In Ramona Equipment Rental, Inc. v. Carolina…
Ameliorating (a Bit) the “Harshness” of Business and Professions Code Section 7031
California courts have variously described Business and Professions Code section 7031 as “draconian,” “harsh[ ]“and “[u]njust[ ],” but nonetheless enforceable. Section 7031 both (1) prohibits unlicensed or improperly licensed contractors…
Restoring Faith in the Duty of Good Faith and Fair Dealing on Federal Projects
Until recently, federal contractors and their attorneys were hollering foul following a U.S. Court of Federal Claims decision in 2011 which held that contractors on federal construction…
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