Court Calls Lease-Leaseback Project What it is: A Design-Bid-Build Project
First there was “Prince.” Then there was “The Artist Formerly Known as Prince.” Then there was “The Artist Formerly Known as Prince (Because he Changed His Name to…
When a Construction Lender Steps into the Shoes of the Developer, the Door is Open for Claims by the General Contractor
Thank you to my partner Garret Murai for giving me the opportunity to post again on his excellent California Construction Law Blog. I am the author/editor…
Anatomy of an Indemnity Clause
Indemnity clauses are one of the most negotiated (and litigated) provisions in a construction contract. They’re also one of the least understood. But we’re here to dissect it…
The One New Year’s Resolution You’ll Want to Keep if You’re Involved in Public Works Projects
New Year’s resolutions are hard to keep. In fact, studies (which I have a sneaking suspicion may have been paid for by the tobacco, donut and…
My Construction Law Wish List
I’ve been good this year. Not great mind you, but good, and good is the standard, right? So, here’s my construction law wish list this holiday…
Required Contract Provisions for Construction Contracts in California
One question I get fairly often when drafting or reviewing construction contracts is what provisions, if any, are required in construction contracts in California. This is, of course, different…
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…
Restoring Faith in the Duty of Good Faith and Fair Dealing on Federal Projects
Until recently, federal contractors and their attorneys were hollering foul following a U.S. Court of Federal Claims decision in 2011 which held that contractors on federal construction…
Contractors State License Board Releases New Complaint Form Aimed at Illegal Advertising
The California Contractors State License Board (“CSLB”) has released a new complaint form aimed at illegal contractor advertising. Under California Business and Professions Code section 7048,…
U.S. Supreme Court’s Decision is Music to the Ears of Large General Contractors
It’s rare for state Supreme Courts to hear construction cases. Rarer still are construction cases heard by the Supremes. ← No, not those Supremes. “The” Supremes.…
Who’s on First ? Secured Party Feeling Insecure Under Improvement Agreement
It’s fairly common, particularly for new developments, for public entities to require that the developer agree to construct, install or pay for improvements such as roads,…
“Just ‘Cause I Said It, Don’t Mean That I Meant It.” Not When it Comes to Construction Contracts
“Just ’cause I said it, don’t mean that I meant it. People say crazy things.” – Adele, Rumour Has It. Maybe in Adele’s world, but not…
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