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…
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…
