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Court Holds That Public Entity Can Unilaterally Replace Subcontractor Under California’s Subletting and Subcontracting Fair Practices Act

The Subletting and Subcontracting Fair Practices Act (Public Contract Code section 4100 et seq.), also known as the Listing Law, is intended to prevent direct contractors…

June 10, 2019 2 Comments Read article

California Court of Appeals Weighs in on the Duty to Defend and Suggests “Fetch” New Motion

It’s not uncommon for construction contracts to include indemnity provisions requiring the indemnitor (typically, the lower-tiered party) to “defend, indemnify and hold harmless” the indemnitee (typically,…

June 5, 2019 2 Comments Read article

Thanks for Four Years of Recognition from JD Supra’s Readers’ Choice Awards

A big thank you to the folks at JD Supra and its readers for recognizing us in its Construction category for its 2019 Readers’ Choice Awards! We’re…

May 13, 2019 0 Comments Read article

Subrogation, Insurance Code Section 11580, and the Craziness We Call Insurance Law

If you want to geek out on insurance law the next case is for you. The Insurance Company of the State of Pennsylvania v. American Safety…

May 9, 2019 1 Comment Read article

Alarm Cries Wolf in California Case Involving Privette Doctrine

It’s one of the most quoted phrases in legal history: “Shouting fire in a [crowded] theater.” It comes from the U.S. Supreme Court’s landmark 1919 decision…

April 17, 2019 0 Comments Read article

California Case That Reads Like Russian Novel Results in Less Than Satisfying Result for Both Project Owner and Contractors

  Sometimes you can see a train wreck coming a mile away. The next case, Design Built Systems v. Sorokine, Court of Appeal for the First District,…

April 3, 2019 2 Comments Read article

Federal Subcontractor Who Failed to Follow FAR Regulations Finds That “Fair” and “Just” are Not Synonymous

Inscribed over the doors of the U.S. Supreme Court are the words “Equal Justice Under Law.” It’s a reminder that judicial decisions should be just. That…

March 18, 2019 0 Comments Read article

When is a “Willful” Violation Willful (or Not) Under California’s Contractor Enforcement Statutes?

The enforcement statutes applicable to the California Contractors’ State License Board aren’t exactly models in clarity. A few examples: Business and Professions Code Section 7107:  Abandonment…

March 4, 2019 0 Comments Read article

“Design” and “Performance” Specifications: A Recipe Book

Julia Child. Wikimedia Commons. CC0 1.0 Universal Public Domain Dedication In Berkeley Cement, Inc v. Regents of the University of California, Case Nos. F073455 and F073586…

February 19, 2019 5 Comments Read article

A Behind-the-Scenes Look at Substitution Hearings Under California’s Listing Law

The next case, JMS Air Conditioning and Appliance Service, Inc. v. Santa Monica Community College District, 2nd District Court of Appeal, Case No. B284068 (December 17,…

February 11, 2019 0 Comments Read article

Coyness is Nice. Just Not When Seeking a Default Judgment

As Morrissey of the Smith’s sang: Coyness is nice, but Coyness can stop you, from saying all the things in life you’d like to. It’s not uncommon in…

February 4, 2019 0 Comments Read article

Insurer Barred From Bringing Subrogation Action on Behalf of Suspended Insured

It’s commonly stated that when it comes to subrogation actions, where an insurer seeks reimbursements from responsible third parties for claims paid out by the insurer,…

January 24, 2019 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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