Coronavirus, Force Majeure, and Delay and Time-Impact Claims
It’s scary, uncertain times as the world grasps with how to deal with the coronavirus pandemic that has now spread to every continent on the globe…
Sometimes You Just Need to Call it a Day: Court Finds That Contractor Not Entitled to Recover Costs After Public Works Contract is Invalidated
License to use Creative Commons Zero – CC0 January was a tough month in the courts for Hensel Phelps Construction Company. Hot off the heels of…
Contract’s Definition of “Substantial Completion” Does Not Apply to Third Party for Purposes of SOL, Holds Court of Appeal
Those of you in the construction industry know that the two primary statutes of limitation are the 4-year year statute of limitations for patent defects and…
Lease-Leaseback Fight Continues
It’s like the rematch between Rocky Balboa and Apollo Creed. In the right corner we have the California Taxpayers Action Network. In the left corner, Taber…
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…
