Sharp Elbows, Slapbacks and the Law
“Boggling” said the trial court judge. “[I]t totally boggles my mind, because you could agree to anything, anything . . .” And that’s exactly what they…
A (Somewhat) Visual Guide to What’s New in California Construction Law
This past week I gave a presentation with two of my colleagues – Roger Hughes, the head of our firm’s Construction Practice Group, and Peter Laufenberg,…
Shaken, Not Stirred: Bonds, Bonds and More Bonds
Bonds. James Bonds. There have been six James Bonds in the 22 Bond films released to date. I’ve seen each of them. My dad used to…
Court Says No Take Backs to Manufactured Home Seller
Manufactured homes are unlike traditional housing. They are built off-site and must comply with HUD Title 6 construction standards which require, among other things, that they…
Construction Lender Not Entitled to File Lambert Motion
In 1991, the California Court of Appeals, in Lambert v. Superior Court, 228 Cal.App.3d 383 (1991), held that a property owner may file a motion challenging…
Reminder: New Statutory Construction Forms Required as of July 1, 2012
A reminder that new statutory construction forms – preliminary notices, mechanics lien, stop notice and conditional and unconditional waivers and releases – are required as of…
Court Fells Claim of Tree Supplier That Failed to Serve Preliminary Notice on Lender
In a recent case, Shady Tree Farms v. Omni Financial, F062924 (May 22, 2012), the California Court of Appeals for the Fifth District held that a…
2012 Construction Forms Now Available Under “Toolbox”
As I mentioned earlier, California’s construction payment statutes, formerly found at California Civil Code sections 3081.1 et seq., will be repealed and recodified beginning July 1, 2012.…
Lessons in Bankruptcy
It’s been a rough few years in the construction industry, not only for contractors, but for owners as well. Not only have many contractors had to…
2012 California Construction Law Update – Part 3
Part 3 (and final) of my 2012 California Construction Law Update discusses legislation enacted in 2010 but which goes into effect on July 1, 2012, which…
Recording of Lis Pendens Does Not Constitute Slander of Title Even Where Lis Pendens is Expunged
A colleague of mine has a jackalope mounted on the wall of his office. A jackalope, if you haven’t seen one before, is a combination of…
What’s In a Name?
“What’s in a name?” This was the question posed in a recent case decided by the California Court of Appeals involving a contractor doing business under the fictitious…
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