When it Comes to Trials, it’s Like a Box of Chocolates. Sometimes You Get the Icky Cream Filled One
According to the California Judicial Council you have about a one in three chance your case will go to trial. In 2018, of the 210,028 unlimited…
Sweet News for Yum Yum Donuts: Lost Goodwill is Not an All or Nothing Proposition
Last month a California Court of Appeals clarified that a property owner facing eminent domain is only required to prove partial loss of goodwill, not total…
Court of Appeals Finds Additional Insured Coverage Despite “Care, Custody or Control” Exclusion
When things go wrong on a construction project it’s often a scramble of finger pointing. In McMillin Homes Construction, Inc. v. National Fire & Marine Insurance Company,…
Installation of Solar Panels Ain’t “Roofing Work” Under OSHA Says 9th Circuit
In a straightforward case, but one with widespread applicability today, the 9th Circuit Court of Appeals held that rooftop installation of solar panels isn’t (ain’t) “roofing…
Court Holds That Public Entity Can Unilaterally Replace Subcontractor Under California’s Subletting and Subcontracting Fair Practices Act
The Subletting and Subcontracting Fair Practices Act (Public Contract Code section 4100 et seq.), also known as the Listing Law, is intended to prevent direct contractors…
California Court of Appeals Weighs in on the Duty to Defend and Suggests “Fetch” New Motion
It’s not uncommon for construction contracts to include indemnity provisions requiring the indemnitor (typically, the lower-tiered party) to “defend, indemnify and hold harmless” the indemnitee (typically,…
Subrogation, Insurance Code Section 11580, and the Craziness We Call Insurance Law
If you want to geek out on insurance law the next case is for you. The Insurance Company of the State of Pennsylvania v. American Safety…
Alarm Cries Wolf in California Case Involving Privette Doctrine
It’s one of the most quoted phrases in legal history: “Shouting fire in a [crowded] theater.” It comes from the U.S. Supreme Court’s landmark 1919 decision…
California Case That Reads Like Russian Novel Results in Less Than Satisfying Result for Both Project Owner and Contractors
Sometimes you can see a train wreck coming a mile away. The next case, Design Built Systems v. Sorokine, Court of Appeal for the First District,…
Federal Subcontractor Who Failed to Follow FAR Regulations Finds That “Fair” and “Just” are Not Synonymous
Inscribed over the doors of the U.S. Supreme Court are the words “Equal Justice Under Law.” It’s a reminder that judicial decisions should be just. That…
When is a “Willful” Violation Willful (or Not) Under California’s Contractor Enforcement Statutes?
The enforcement statutes applicable to the California Contractors’ State License Board aren’t exactly models in clarity. A few examples: Business and Professions Code Section 7107: Abandonment…
“Design” and “Performance” Specifications: A Recipe Book
Julia Child. Wikimedia Commons. CC0 1.0 Universal Public Domain Dedication In Berkeley Cement, Inc v. Regents of the University of California, Case Nos. F073455 and F073586…
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