Heads I Win, Tails You Lose. Court Finds Indemnity Provision Went Too Far
We all love David and Goliath stories. The underdog winning against the far stronger (and dastardly) opponent. Think Rocky Balboa versus Ivan Drago, the Star Wars…
Infrastructure is Dead!
This past Wednesday, House Democratic leaders unveiled their $760 billion, five-year infrastructure proposal with a focus on climate change. On its face, this is good news…
2020 Construction Outlook: Have We Hit the Peak?
The bad news: We may be at the top of the rollercoaster. The good news: It looks like more of a dip than a downturn.…
2020 California Construction Law Update
As 2020 fast approaches, we ring in many new changes to California’s construction laws. Among other changes, California adopted its 2019 triennial revisions to the California…
Introducing Nomos LLP!
We’ve been quiet lately we know. We’ve been nesting. Not the alien popping through your stomach kind of nesting, although, there have been a few white…
California Attempts to Tackle Housing Affordability Crisis
It’s a bit too early yet for our 2020 Construction Law Update but here’s a preview of some of the new laws taking effect next year.…
California Subcontractor Gets a Kick in the Rear (or Perhaps the Front) for Prematurely Recorded Mechanics Lien
California provides three statutorily recognized construction payment remedies: (1) mechanics liens; (2) stop payment notices; and (3) payment bond claims. Each is intended to provide payment…
When it Comes to Trials, it’s Like a Box of Chocolates. Sometimes You Get the Icky Cream Filled One
According to the California Judicial Council you have about a one in three chance your case will go to trial. In 2018, of the 210,028 unlimited…
Sweet News for Yum Yum Donuts: Lost Goodwill is Not an All or Nothing Proposition
Last month a California Court of Appeals clarified that a property owner facing eminent domain is only required to prove partial loss of goodwill, not total…
Court of Appeals Finds Additional Insured Coverage Despite “Care, Custody or Control” Exclusion
When things go wrong on a construction project it’s often a scramble of finger pointing. In McMillin Homes Construction, Inc. v. National Fire & Marine Insurance Company,…
Installation of Solar Panels Ain’t “Roofing Work” Under OSHA Says 9th Circuit
In a straightforward case, but one with widespread applicability today, the 9th Circuit Court of Appeals held that rooftop installation of solar panels isn’t (ain’t) “roofing…
California Court of Appeal Makes Short Work Trial Court Order Preventing Party From Supplementing Experts
Years ago I recommended to a client that we hire a construction defect expert in a case. The client, a thrifty fellow, responded, “But I thought…
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