“Just ‘Cause I Said It, Don’t Mean That I Meant It.” Not When it Comes to Construction Contracts

“Just ’cause I said it, don’t mean that I meant it. People say crazy things.” – Adele, Rumour Has It. Maybe in Adele’s world, but not…

There’s More Than One Way to Skin a Cat When it Comes to Actual Damages Under SB 800

In 2002, the California State Legislature enacted S.B. 800 also known as the “Right to Repair Act” (Civil Code sections 895 et seq.). SB 800, which…

You Say “Tomato,” I Say “Tomahto” – Not All Deadlines Are Created Equally – At Least Under the Miller Act

Deadlines. Being a litigator I take deadlines seriously. Cases can be won or lost by failing to meet deadlines. But when is a failure to meet…

Say it Ain’t So Joe! – Developer Learns There is More Than One Meaning for SOL

I was in trial last month. I couldn’t have asked for a better judge. Smart, fair . . . and witty. During the pretrial conference, opposing…

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…