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…

A Reminder to Renew Your Public Works Registration by June 30, 2019

A friendly reminder from the folks at the CSLB . . . June 24, 2019 CSLB #19-05 Public Works Contractors: Renew Your Registration Online by End of…

What You Need to Know About Home Improvement Contracts

Given the variety of problems that can arise on a construction project, from defects to delays, it’s difficult to draft a construction contract that addresses every…

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…

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,…