Coffee Beans, Mars and the 50 States: Civil Code 1542 Waivers and Latent Defects

A few years ago, Pulitzer Prize-winning reporter Charles Duhigg wrote a book that was on the New York Times bestseller list for over 60 weeks, The Power of Habit:…

Design Professional Liens: A Blueprint

If you work in the construction industry in California you’re likely familiar with mechanics liens. But there’s one other type of lien available on construction projects…

Drones, Googleplexes and Hyperloops

I don’t know if it’s just me, or if there has been a lot of news lately about technology and construction: Although flying in the face of…

Benford’s Law: A Seldom Used Weapon in Forensic Accounting

What is Digit Analysis and Why it Should be of Interest to Construction Attorneys? Benford’s Law was named after Frank Benford, a General Electric physicist. Mr.…

School District Gets Expensive Lesson on Prompt Payment Law. But Did the Court Get it Right?

My kids don’t like riding in my car. I urge them to look outside the window (I don’t have DVD), suggest that they roll down their…

Mixing Concrete, Like Baking a Cake, is Fraught with Problems When the Recipe is Not Followed

“Mixing concrete, like baking a cake, is fraught with problems when the recipe is not followed.” – Justice Kenneth Yegan, State Ready Mix, Inc. v. Moffatt…

Catch 22: “If You’re Moving Dirt, You Need to Control Your Dust” (But Don’t Use Potable Water!)

Returning from an Oregon vacation this past Summer along I-5, I found frequent reminders of the extraordinary drought conditions prevailing across California. A grey smoky gloom…

When a Construction Lender Steps into the Shoes of the Developer, the Door is Open for Claims by the General Contractor

Thank you to my partner Garret Murai for giving me the opportunity to post again on his excellent California Construction Law Blog. I am the author/editor…

Waive Not, Want Not: Waivers and Releases on California Construction Projects

California is one of a handful of states (12 to be exact) which have statutory mandated waiver and release forms for construction projects. So here’s what…

Re-Living the Bar Exam

Recently, I played a little law office hookie with a few of my colleagues, in the name of legal research (of course), to re-live the “bar…

Wendel Rosen’s Construction Practice Group Receives First Tier Ranking

We try to limit our narcissism here at Wendel Rosen but every once in a while we toot our own horn. Lawyers are, after all, a rather…

Anatomy of an Indemnity Clause

Indemnity clauses are one of the most negotiated (and litigated) provisions in a construction contract. They’re also one of the least understood. But we’re here to dissect it…