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Don’t Believe Everything You Hear: Liability of Asbestos Pipe Manufacturer Upheld Despite Exculpatory Testimony of Plaintiff

In the next case, Morgan v. J-M Manufacturing Company, Inc. 60 Cal.App.5th 1078 (2021), the 2nd District Court of Appeal upheld a $7 million personal injury…

May 10, 2021 0 Comments Read article

Design Immunity Does Not Shield Public Entity From Claim That it Failed to Warn of a Dangerous Condition

Readers of this blog are familiar with the concept of the design immunity defense. Codified at Government Code section 830.6, it provides in pertinent that a…

April 12, 2021 1 Comment Read article

Biden Unveils $2.3 Trillion American Jobs Plan

This past week, President Biden unveiled his American Jobs Plan, a $2.3 trillion dollar plan to upgrade the nation’s infrastructure over 8 years. As we wrote…

April 6, 2021 0 Comments Read article

Court Finds that Subcontractor Lacks Standing to Appeal Summary Judgment Order Simply Because Subcontractor “Might” Lose at Trial Due to Order

Cases sometimes take unanticipated twists and turns. Atlas Construction Supply, Inc. v. Swinerton Builders, Case No. D076426 (January 26,2021), involving a tragic construction accident, a motion…

March 29, 2021 0 Comments Read article

America’s Infrastructure Gets a C-. It’s an Improvement Though

Every four years the American Society of Civil Engineers (ASCE) issues a report card assigning a letter grade to the nation’s infrastructure. ASCE issued their 2021…

March 22, 2021 1 Comment Read article

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…

March 15, 2021 0 Comments Read article

CalOSHA Updates its FAQ on its COVID-19 Emergency Temporary Regulations

As we reported in early December, CalOSHA adopted emergency temporary regulations requiring, among other things, that employers implement a written COVID-19 prevention program, that notice be given…

March 8, 2021 0 Comments Read article

Close Enough Only Counts in Horseshoes and Hand Grenades

In State Farm General Insurance Company v. Oetiker, Inc., Case No. B302348 (December 18, 2020), a manufacturer sued in subrogation action under the Right to Repair…

February 22, 2021 0 Comments Read article

California Contractor Tests the Bounds of Job Order Contracting

Most contractors have heard of design-bid-build, design-build, construction manager at risk, and even public private partnerships, various project delivery methods, which, at their heart, focus on…

February 15, 2021 2 Comments Read article

Owner’s Slander of Title Claim Against Contractor Recording Four Separate Mechanics Liens Fails Under the Anti-SLAPP Statute

Most mechanics lien actions follow a pretty standard process: A mechanics lien claimant, either a contractor, subcontractor, material supplier, or laborer, performs work but is not…

January 18, 2021 1 Comment Read article

2021 Construction Outlook: Slow, Uneven Recovery Expected

The way we started 2020 was a lot different than how we ended 2020. Here’s a recap: The Start of 2020: When we started 2020 construction…

January 11, 2021 2 Comments Read article

Roadway Contractor Owed Duty of Care to Driver Injured Outside of Construction Zone

For the roadway contractor it appeared to be an open and shut case: Plaintiff car driver was stopped at a standard one-way “reversing lane closure” traffic…

January 4, 2021 0 Comments Read article

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Construction directly impacts where we live, where we work and go to school, where we shop, eat and entertain ourselves, and how we get from one place to another. In short, for most of us, the built environment “is” our world. At Nomos LLP, we understand the importance of construction – as well as the need to smile every once in awhile – and publish this blog to keep our friends and clients informed of new developments in construction law.

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