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…

New Notary Language For California Mechanics Lien Releases and Stop Payment Notice Releases

Thanks to Scott Wolfe, Jr. over at ZLien for bringing this to my attention: Effective January 1, 2015, the notary language required for Certificates of Acknowledgment –…

Sometimes it Depends on “Whose” Hand is in the Cookie Jar

In a lengthy and somewhat detailed decision, the California Court of Appeal for First District, in Pittsburg Unified School District v. S.J. Amoroso Construction Company, Inc.,…

Your “Independent Contractor” Clause Just Got a Little Less Relevant

[Editor’s Note: We hate being wrong, but hey, it happens. Based on Dave Ross’ comment below we’ve revised this post to reflect that AB 1897 appears…

The One New Year’s Resolution You’ll Want to Keep if You’re Involved in Public Works Projects

New Year’s resolutions are hard to keep. In fact, studies (which I have a sneaking suspicion may have been paid for by the tobacco, donut and…