What You Need to Know About the Recently Enacted Infrastructure Bill
This past week, President Biden signed the Infrastructure Investment and Jobs Act. The bill, commonly referred to as the Infrastructure Bill, provides for $1.2 trillion in…
OSHA Releases COVID-19 Emergency Temporary Standards
On November 4, 2021, the U.S. Occupational Safety and Health Administration (OSHA) issued its long anticipated COVID-19 emergency temporary standards applicable to employers with 100 or more…
Planes, Trains and Prevailing Wages. Ok, No Planes, But Trains and Prevailing Wages Yes
The California Supreme Court doesn’t often delve into construction-related issues, but this year we’ve got two cases, both related to the payment of prevailing wages on…
California Supreme Court Holds that Prevailing Wages are Not Required for Mobilization Work, for Now
In the midst of the Great Depression the federal government enacted the Davis-Bacon Act (40 U.S.C. section 32141 et seq.) to help workers on federal construction projects. Under…
Contractor’s Assignment of Construction Contract to Newly Formed Company Before Company Was Licensed, Not Subject to B&P 7031
Add one more to the Business and Profession Code section 7031 archives. In Manela v. Stone, Case No. B302660 (July 1, 2021), the 2nd District Court…
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…
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