Homeowner’s Claims Defeated Because “Gravamen” of Complaint was Fraud, not Breach of Contract
Be careful what you wish for or, as in the next case, what you plead. In Vera v. REL-BC, LLC, Case Nos. A155807, A156823, and A159141 (June…
Court of Appeals Finds Arbitration Provision Incorporated by Reference Unenforceable
Subcontractors have gotten accustomed to incorporation clauses in their contracts. While an incorporation clause can incorporate any document, most typically, it’s the prime contract between the…
Developer Pre-Conditions in CC&Rs Limiting Ability of HOA to Make Construction Defect Claims, Found Unenforceable
The Davis-Stirling Common Interest Development Act (Civ. Code §4000, et seq.), also known simply as “Davis-Stirling,” is a statute that applies to condominium, cooperative and planned…
Agreement Authorizing Party’s Own Engineer to Determine Substantial Compliance Found Binding on Adverse Party
When it comes to resolving construction disputes, it’s a bit like the “31 Flavors” of Baskin Robbins: There’s a flavor for nearly everyone, whether it’s mediation,…
What Contractors Can Do to Address Rising Material Costs
From lumber to used cars to pastrami sandwiches, prices are rising. This past month, at a town hall meeting in Cincinnati, Ohio, President Biden acknowledged that…
The Architecture of the 2020 Tokyo Olympics
Like many, you may be watching the 2020 Tokyo Olympics. If you have, it’s one of the most unusual Olympics ever. From the “2020” name, to…
Nomos LLP Partners Recognized in Super Lawyers and Rising Stars Lists
Nomos LLP partners Garret Murai and Jennifer Tang have been recognized in Thompson Reuter’s 2021 Northern California Super Lawyers and 2021 Northern California Rising Start lists…
One-Upmanship by Contractors In Prevailing Wage Decision Leads to a Bad Result for All . . . Perhaps
Fights between contractors can be a bit like Mad magazine’s “Spy vs. Spy” with each side trying to out outwit and one-up one another. The…
What California’s COVID-19 Reopening Means for the Construction Industry
This past Wednesday, Governor Newsom announced that California would reopen after being in lockdown for over a year due to COVID-19. Gone is Governor’s Stay at…
CSLB Begins Processing Applications for New B-2 License
As we wrote about in our 2021 Construction Law Update, one of the new laws to take effect on January 1, 2021 was the enactment…
1st District Joins 2nd District Court of Appeals and Holds that One-Year SOL Applies to Disgorgement Claims
We’re beginning to see a trend. This past year, the 2nd District Court of Appeals, in Eisenberg Village of the Los Angeles Jewish Home for the…
You Can Litigate a Dispute. Just Don’t LITIGATE a Dispute.
Litigation can get personal. But when you’re an attorney as well as the litigant, things can get both personal as well as nasty, and this can…
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