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…

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,…

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…

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…

“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…

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,…

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…

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,…

General Release of Contractor Upheld Despite Knowledge of Construction Defects

Ah, the elusive Lepus Cornutus, commonly known as the Jackalope. Rarely seen, we may have one in SI 59 LLC v. Variel Warner Ventures, LLC, Court…

Naughty or Nice. Contractor Receives Two Lumps of Coal in Administrative Dispute

So, how were your holidays? Hopefully you were good and didn’t receive a lump of coal from Santa. For one contractor, 2018, wasn’t such a good…

2019 California Construction Law Update

The California State Legislature introduced 2,637 bills during the second year fo the 2017-2018 Legislative Session. Of these, 1,016 were signed into law. It was last…

Class Actions Under California’s Right to Repair Act. Nope. Well . . . Nope.

It’s the holidays. A time when family and friends, and even neighbors, gather together. And nothing brings neighbors closer together than class action residential construction defect…