Naughty or Nice. Contractor Receives Two Lumps of Coal in Administrative Dispute
So, how were your holidays? Hopefully you were good and didn’t receive a lump of coal from Santa. For one contractor, 2018, wasn’t such a good…
Class Actions Under California’s Right to Repair Act. Nope. Well . . . Nope.
It’s the holidays. A time when family and friends, and even neighbors, gather together. And nothing brings neighbors closer together than class action residential construction defect…
Hirer Liable for Injury to Subcontractor’s Employee Due to Failure to Act, Not Just Affirmative Acts, Holds Court of Appeal
The Privette doctrine, named after the court case Privette v. Superior Court (1993) 5 Cal.4th 689, provides that a higher-tiered party such as an owner or…
It’s Getting Harder and Harder to be a Concrete Supplier in California
Attribution 2.0 Generic (CC BY 2.0) In 2015, the California state legislature passed AB 219, which amended the state’s prevailing wage law to add Labor Code…
California Department of Corrections Gets Hit With the Prison Bid Protest Blues
Conclusion West Coast Air Conditioningoffers important lessons for both public agencies and bidders. For public agencies, the lesson is don’t be a hard ass (or, if…
Property Owner Found Liable for Injuries to Worker of Unlicensed Contractor, Again
It’s not like we didn’t warn you. In Jones v. Sorenson, Case No. C084870 (August 2, 2018), homeowner Danita Sorenson discovered to her chagrin that she…
9th Circuit Closes the Door on “Open Shop” Contractor
At the height of the Great Depression nearly one-quarter of Americans were unemployed. In response, Congress enacted a series of laws including the Smoot-Hawley Tariffs Act,…
California Contractor Spills Coffee on Himself by Failing to Stay Mechanics Lien Action While Pursuing Arbitration
It bugs the Mrs. that I have a habit of reading the directions. “Just plug the darn thing in!” said the Mrs. when we got a…
Supreme Court Finds Insurance Coverage for Intentional (and Despicable) Act of Contractor’s Employee
Not to cast shade on your fun in the sun, but here’s an unusual, albeit sad and creepy, one for you. I’m bummed even writing about…
The Unpost, Post: Dynamex and the Construction Industry
It’s been three months since the California Supreme Court issued its landmark decision in Dynamex Operations West, Inc. v. Superior Court, Case No. S222732 (April 30,…
California Supreme Court Addresses “Good Faith” Construction Disputes Under Prompt Payment Laws
It’s been a rollercoaster. But the ride appears to be over. In United Riggers & Erectors, Inc. v. Coast Iron & Steel Co., Case No. S231549…
Failure to Consider Safety Element in Design Does Not Preclude Public Entity’s Discretionary Authority Under Design Immunity Defense
In Rodriguez v. Department of Transportation, Case No. F074027 (March 27, 2018), the Court of Appeals for the Fifth District considered the following mind-twister: Can you…
