You May Be Able to Dodge a Bullet, But Not a Gatling Gun

In the days before cable, and long before Netflix, I watched my fair share of spaghetti westerns on lazy weekend afternoons. Bullets zinging past cowboys, knocking…

Insurance Policies and Indemnity Provisions Are Not the Same

Just because you own a pair of Air Jordans doesn’t make you Michael Jordan. In the next case, Carter v. Pulte Home Corporation, Case No. A154757…

The Construction Industry Lost Jobs (No Surprise) but it Gained Some Too (Surprise)

The announcement this week by major airlines and then by Disney that they will be laying off tens of thousands of workers is just the latest…

Court of Appeal Puts the “Equity” in Equitable Subrogation

Subrogation as a concept is well understood in insurance circles. According to the Institute of Risk Management Institute’s glossary of insurance terms subrogation is “the assignment…

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…

Champagne Wishes and Caviar Dreams. Unlicensed Contractor Takes the Cake

Before the Kardashians, before Empire, before Crazy Rich Asians there was Lifestyles of the Rich and Famous with Robin Leach. The next case, Moore v. Teed,…

“Pay When Paid” Provisions May Not Be Dead, at Least Not Yet

Sophisticated contractors know that in California contractual “pay when paid” provisions are enforceable but that “pay if paid” provisions are not. “Pay If Paid” v. “Pay…

Insured’s Bad Faith Insurance Claim Evaporates Before its Eyes

Sometimes it’s right there before your eyes. Then, poof, it’s gone. This was the experience of one insured, who brought a bad faith insurance denial claim…

California Mechanics’ Lien Case Treads Both Old and New Ground

People do the darnedest things. The next case, Carmel Development Company v. Anderson, Case No. H041005, 6th District Court of Appeals (April 30, 2020), involving a…

OSHA Issues COVID-19 Guidance for Construction Industry

This past month, after remaining relatively quiet following the coronavirus outbreak, OSHA began issuing industry-specific guidance on how to deal with the coronavirus in the workplace.…

Contractor Sentenced to Seven Years for Embezzling $3 Million

Michael Medeiros was not a good guy. Ok, on a scale of 1 to 10, maybe not a 9 or 10 (when you’re including guys like…

A Glimpse Into Post-Judgment Collections and Perhaps the Near Future?

According to a recent study conducted by the Harvard University, the University of Chicago, and the University of Illinois, more than 100,000 small businesses (firms with…