Sharp Elbows, Slapbacks and the Law
“Boggling” said the trial court judge. “[I]t totally boggles my mind, because you could agree to anything, anything . . .” And that’s exactly what they…
It Was the Best of Times, it Was the Worst of Times
When was the last time you read your insurance policy? Anyone? Hands? Bueller? Bueller? Bueller? I don’t blame you. Reading an insurance policy can be like…
There’s a New Sheriff in Town, Pilgrim
If trial is the Wild West, then arbitration is no-holds barred cage fighting, where the only rule is that there are no rules. To be fair,…
Attack of the HOAs: Architects Succumbed
HOA. It’s not a Native American word. Nor is it the term sprinkled generously throughout certain gangster rap albums. It stands for Home Owners Association, or…
Thinking of Underbidding a Project in Order to Get the Work? Don’t.
It’s been a tough few years in the construction industry. Many contractors, faced with fewer jobs and more competition, are tempted to underbid projects in order…
Contractor Who Lost on Promissory Estoppel Claim But Wins on Breach of Contract Claim, Entitled to Attorney’s Fees
There are battles and then there are wars. If you win enough battles (or, sometimes, the battle) you will win the war; but simply winning a battle (or,…
Unlicensed Contractor Required to Disgorge All Money Received
Most California contractors are familiar with Business and Professions Code section 7031. And if you’re not, you should. Variously described by California Court’s as “draconian,” “harsh[…
Completed and Accepted Doctrine Extended to Architects
Architects have one more reason to celebrate this holiday season. In a case decided this past month, the California Court of Appeals held that architects are…
Construction Defect Insurer’s Contribution to Settlement Does Not Avoid Equitable Contribution Claim By Coinsurer
As one construction defect insurer found out, simply chipping in, doesn’t mean having chipped in enough. In St. Paul Mercury Insurance Company v. Mountain West Farm…
California Supreme Court Holds that Arbitration Clause in CC&Rs is Enforceable Against Homeowner’s Association
Both my parents and in-laws live in communities with homeowner’s associations, where they tell you what color you can paint your house, that you need to…
Court Says No Take Backs to Manufactured Home Seller
Manufactured homes are unlike traditional housing. They are built off-site and must comply with HUD Title 6 construction standards which require, among other things, that they…
California Supreme Court Holds that Charter Cities Do Not Have to Pay Prevailing Wages
On July 2, 2012, the California Supreme Court, in a much anticipated decision, held that charter cities do not have to pay prevailing wages on municipal…
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