Low Income Housing Developer Not Exempt from Prevailing Wage Law

The prevailing wage law requires that workers employed on public works projects be paid prevailing wages. There are, however, exceptions to that rule. Two exceptions are…

General Contractor Not Liable for Injuries to Subcontractor’s Employee Based on a Claim of Negligent Scheduling

The Privette doctrine, subject to certain exceptions, provides that when a general contractor hires a subcontractor, the general contractor is not liable for injuries that occur…

Construction Lender Not Entitled to File Lambert Motion

In 1991, the California Court of Appeals, in Lambert v. Superior Court, 228 Cal.App.3d 383 (1991), held that a property owner may file a motion challenging…

Court Fells Claim of Tree Supplier That Failed to Serve Preliminary Notice on Lender

In a recent case, Shady Tree Farms v. Omni Financial, F062924 (May 22, 2012), the California Court of Appeals for the Fifth District held that a…

Is Your Private Works Project a Public Works Project in Disguise?

During my pre-law days in Washington, D.C. I recall a framed needlepoint in my boss’ office which read “Assume Nothing.” It wasn’t just the words, but…

Do You Need a Written Change Order on Public Works Projects? The Answer May Surprise You

Occasionally, a case comes across my desk which, while it may not venture into new areas of the law, provides a good summary of existing law. …

What’s In a Name? Part II

Earlier, I reported on a case decided by the California Court of Appeals for the Third District, Ball v. Steadfast-BLK, 196 Cal.App.4th 694 (2011), in which the Court…

Public Entity Not Entitled to Recover Attorney’s Fees in Stop Notice Enforcement Action

One of the few statutory payment remedies available to subcontractors and others who provide labor, services, equipment and/or materials on public works projects is the stop…

General Contractor Which Retained Control Over Jobsite May be Liable for Injuries Sustained by Third Tier Subcontractor

Nearly 20 years ago the California Supreme Court decided Privette v. Superior Court, 5 Cal.4th 689 (1993), in which it held that a property owner who…

Owner’s Insurance Broker Had No Duty to Inform Insured Subcontractor of Insolvency of Insurance Company

Construction projects can be fraught with risk whether it be design or construction defects, injuries to laborers or third parties or even damage to or destruction…

California’s 425 Redevelopment Agencies Close Their Doors Today

At midnight last night, California’s 425 redevelopment agencies closed their doors as a result of legislation enacted this past year (AB 26) which eliminated the state’s…