The Privette Doctrine, the Hooker Exception, and an Attack at a Construction Site
You don’t often hear about workers being attacked by ne’er-do-wells on a construction project. But, as they say, shite happens . . . Construction contracts often…
California Supreme Court Holds that Design Immunity Does Not Protect a Public Entity for Failure to Warn of Dangerous Conditions
Get ready for more street signage. The California Supreme Court, in Tansavatdi v. City of Rancho Palos Verdes, (2023) 14 Cal.5th 639, has held that Government Code…
Contractor Wins in Arbitration Only to Lose Before the Superior Court on Section 7031 Claim
If you’re a regularly reader of the California Construction Law Blog you’re aware of Business and Professions Code section 7031 which courts have variously described as…
Claim Preclusion: The Doctrine Everyone Thinks They Know But No One Really Knows What it Means in Practice
Generally, I think restraint in litigation is a good thing. Don’t go crazy on your claims, don’t go nut-so in your discovery, and don’t present your…
“Incidental” Versus “Direct” Third Party Beneficiaries Under Insurance Policies in Which a Party is Not an Additional Insured
As they say, when it rains, it pours. Indemnity and insurance are the “Big Two” when it comes to risk avoidance on construction projects. The…
Summary Judgment in Favor of General Contractor Under Privette Doctrine Overturned: Lessons Learned
It seems like we’ve been seeing a lot of Privette doctrine cases recently. Here’s another, Brown v. Beach House Design & Development, 85 Cal.App.5th 516 (2002),…
Court of Appeal: Privette Doctrine Does Not Apply to Landlord-Tenant Relationships
We’ve talked a fair bit about the Privette doctrine which provides for a rebuttable presumption that a hirer is not liable for workplace injuries sustained by…
Show Me the Money: The Good Faith Dispute Exception to Prompt Payment Penalties
California has a number of prompt payment penalty statutes on the books. Among them is Civil Code section 8800 which requires project owners on private works…
Just Because You Caused it, Doesn’t Mean You Own It: The Hooker Exception to the Privette Doctrine
We’ve written before about the Privette doctrine, which establishes a presumption that a hirer of an independent contractor delegates to the contractor all responsibility for workplace…
Payment Bond Surety Entitled to Award of Attorneys’ Fees Although Defended by Principal
For contractors involved in California public works projects the scenario is not uncommon: The general contractor awarded the public works project is required to obtain a…
PAGA Right of Action Not Applicable to Construction Workers Under Collective Bargaining Agreement
California is one of the most employee-friendly states in the country. From strict hiring laws (don’t think about asking about an applicant’s criminal, credit or even…
The Right to Repair Act Means What it Says and Says What it Means
A rather short case for a short week. In Gerlach v. K. Hovnanian’s Four Seasons at Beaumont, LLC, 82 Cal.App.5th 303 (2022), the 4th District…
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