Fairness is Relative. Workers Compensation and the Dreaded Section 7031
I’ve lost my share of cases over the years. Winning of course, feels great, and losing doesn’t. But losing teaches lessons that winning rarely can. At…
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…
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…
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…
Contractor’s Assignment of Construction Contract to Newly Formed Company Before Company Was Licensed, Not Subject to B&P 7031
Add one more to the Business and Profession Code section 7031 archives. In Manela v. Stone, Case No. B302660 (July 1, 2021), the 2nd District Court…
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,…
Unlicensed Contractor Shoots for the Stars . . . Sputters on Takeoff
Elon Musk . . . Eccentric engineer. Technology billionaire. And, now, litigation bad ass. Frequent readers of the California Construction Law Blog know that we’ve talked…
All is Fair in Lovell and Litigation
Most California construction attorneys know, or should know, that you need to “prove” you’re a licensed contractor in a construction case. And, by “prove,” that means more…
Ameliorating (a Bit) the “Harshness” of Business and Professions Code Section 7031
California courts have variously described Business and Professions Code section 7031 as “draconian,” “harsh[ ]“and “[u]njust[ ],” but nonetheless enforceable. Section 7031 both (1) prohibits unlicensed or improperly licensed contractors…
Do Construction Managers Need to be Licensed in California? A Case of Blurred Lines
If this Summer had an anthem it would likely be Robin Thicke’s hit single Blurred Lines (or, perhaps, more accurately, its music video of models who…
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…
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