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,…
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…
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…
Alarm Cries Wolf in California Case Involving Privette Doctrine
Pexels. Not attribution required. It’s one of the most quoted phrases in legal history: “Shouting fire in a [crowded] theater.” It comes from the U.S. Supreme…
