Design Immunity Defense Gets Special Treatment on Summary Judgment
This may be one that is more for the lawyers than it is for the contractors or owners. If you’ve ever filed a motion for summary…
Is it the End of the Lease-Leaseback Shootouts? Maybe.
It’s the case that has turned into a modern day Hatfield versus McCoy – McGee v. Torrance Unified School District, Case No. 8298122, 2nd District Court…
Lease-Leaseback Fight Continues
It’s like the rematch between Rocky Balboa and Apollo Creed. In the right corner we have the California Taxpayers Action Network. In the left corner, Taber…
California Department of Corrections Gets Hit With the Prison Bid Protest Blues
Conclusion West Coast Air Conditioningoffers important lessons for both public agencies and bidders. For public agencies, the lesson is don’t be a hard ass (or, if…
DIR Public Works Renewal Deadline is June 30th
Like taxes and (since I’m getting close to 50) other yearly “requirements” . . . a reminder from the folks at the California Department of Industrial Relations .…
Failure to Consider Safety Element in Design Does Not Preclude Public Entity’s Discretionary Authority Under Design Immunity Defense
In Rodriguez v. Department of Transportation, Case No. F074027 (March 27, 2018), the Court of Appeals for the Fifth District considered the following mind-twister: Can you…
2018 California Construction Law Update
The California State Legislature introduced 2,495 bills during the first year of the 2017-2018 Legislative Session. Of these, 859 were signed into law. While much political…
When Your “Private” Project Suddenly Turns into a “Public” Project. Hint: It Doesn’t Necessarily Turn on Public Financing or Construction
In 1931, during the Great Depression, the federal government enacted the Davis-Bacon Act to help workers on federal construction projects. The Davis-Bacon Act, also known…
Lease-Leaseback Battle Continues as First District Court of Appeals Sides with Contractor and School District
Earlier, we wrote about Davis v. Fresno United School District (2015) 237 Cal.App.4th 261, a Fifth District California Court of Appeals decision that sent shock waves through the school…
America’s Infrastructure Gets a D+
The American Society of Civil Engineers (ASCE) has issued their 2017 Infrastructure Report Card, which assigns a letter grade to the nation’s infrastructure. Our country’s grade…
Contractors: A Lesson on Being Friendly
I know. You’re just trying to be friendly. Don’t. Particularly when you’re a contractor bidding on a public works project. Those dinners at swanky restaurants, tickets to The…
California Supreme Court Raises the Bar on Dangerous Conditions on Public Property Claims
Earlier we wrote about the affirmative defense of “design immunity” which can be used by public entities to shield themselves from personal injury claims dangerous conditions on…
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