A Trivial Case
Construction defect cases leading to physical injury are rarely trivial, at least in the eyes of the injured party, but alas sometimes they are as the…
Violation of Prompt Payment Statutes is Not a Breach of Contract. But That’s Not the Most Interesting Part
While construction projects can get messy, they don’t get much messier than the next case, which, while it involved a fairly limited legal issue – whether…
Independent Contractor v. Employee. The “ABC Test” Does Not Include a Threshold Hiring Entity Test
In 2018, in Dynamex Operations West, Inc. v. Superior Court, 4 Cal.5th 903 (2018), the California Supreme Court overturned nearly thirty years of jurisprudence governing the manner…
Expert Can be Questioned on a Construction Standard, Even if Not Relied Upon
It’s not uncommon in construction defect litigation for one or more parties to retain an expert . . . or two . . . or three.…
Court Bars Licensed Contractor From Seeking Compensation for Work Performed by Unlicensed Sub
It all started with a tree. A eucalyptus tree to be exact. What followed is one of the more important cases to be decided under Business…
Weed Property Owner Gets Smoked Under Insurance Policy
When’s the last time you read your homeowner’s insurance policy? Didn’t think so. But you might consider doing so, particularly in light of all of the…
A Riveting (or at Least Insightful) Explanation of the Privette Doctrine
“The wheels of justice turn slowly, but grind exceedingly fine” – Plutarch And grind they do . . . slowly. For long time readers of the…
Contractor Gets Benched After Failing to Pay Jury Fees
Trial by jury is a fundamental right under both the U.S. and California Constitutions. However, to avail yourself of that right, you not only have to…
Insurers Can Sue One Another for Defense Costs on Equitable Indemnity and Equitable Contribution Basis
Since I don’t do insurance defense work, fights between insurers isn’t something I have to deal with. It’s good sport nonetheless. In the next case, Travelers…
Business and Professions Code Section 7031, Demurrers, and Just How Much You Can Dance
Fights between owners and contractors under Business and Professions Code section 7031 can get nasty and detailed. An owner’s remedy under Section 7031, as courts have…
California Supreme Court Declines Request to Expand Exceptions to Privette Doctrine for Known Hazards
First things first. Happy New Year! Hope you had a good one. To start things off in the new year we’ve got an employment-related case for…
Planes, Trains and Prevailing Wages. Ok, No Planes, But Trains and Prevailing Wages Yes
The California Supreme Court doesn’t often delve into construction-related issues, but this year we’ve got two cases, both related to the payment of prevailing wages on…
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