Playing Hot Potato: Indemnity Strikes Again
Indemnity can be like playing hot potato (for those of you closer to the Minecraft generation, in the game of hot potato, a metaphoric “hot potato”…
The Buck Stops Over There: Have Indemnitors Become the Insurers of First and Last Resort?
Insurance and indemnity are the primary risk management strategies on construction projects. Insurance, such as commercial general liability insurance, insures against third party claims for bodily injury…
Apprentices on Public Works Projects: Sometimes it’s Not What You Do But Who You Do the Work For That Counts
If you’re a public works contractor in California you’re familiar with prevailing wages. The Prevailing Wage Law, a Depression era law designed to encourage the hiring…
Commercial Construction in the Golden State is Looking Pretty Golden
If the estimated $2.1 trillion erased from the U.S. stock market over the past week has you white knuckled, you might consider commercial construction in the Golden…
Four Common Construction Contracts
Like Baskin Robins, construction contracts come in a variety of different flavors although, thankfully, significantly fewer than 31. Here are four of the more common types…
Why Federal and State Agencies are Considering Converting from a “Gallons Consumed” to a “Road Usage” Tax – And What are the Risks to the Consumer?
“‘We’re going to have to find another way to finance the upkeep of the roads,’ Gov. Jerry Brown said earlier this year in rolling out his…
Between Scylla and Charybids: The Mediation Privilege and Legal Malpractice Claims
I attended a mediation earlier this month in a real estate case. I won’t say more through because . . . well . . . it’s confidential.…
Eight Things You Need to Know About the AAA’s New Construction Arbitration Rules
I just finished a construction arbitration this past week, which also explains my sporadic posts as of late, sorry. Coincidentally, on July 1, 2015, the American…
Forget Uber for a Moment. The Real Danger on the Road (and Elsewhere) May Be Remote Hijacking
Technology only imagined a decade ago is everywhere. It’s in our hands, on our laps, and on our desks. But it can also be found in our buildings…
Court Calls Lease-Leaseback Project What it is: A Design-Bid-Build Project
First there was “Prince.” Then there was “The Artist Formerly Known as Prince.” Then there was “The Artist Formerly Known as Prince (Because he Changed His Name to…
California Supreme Court Endorses City Authority to Adopt Inclusionary Housing Ordinance
The following post was written by my partner Neal Parish on the California Supreme Court’s recent (and surprising) new decision which eases the way for local…
All is Fair in Lovell and Litigation
Most California construction attorneys know, or should know, that you need to “prove” you’re a licensed contractor in a construction case. And, by “prove,” that means more…
