California Supreme Court Declines Request to Expand Exceptions to Privette Doctrine for Known Hazards
First things first. Happy New Year! Hope you had a good one. To start things off in the new year we’ve got an employment-related case for…
Sixth Circuit Lifts Stay on OSHA’s COVID-19 Temporary Emergency Standards. Supreme Court to Review
As we round out the year, here’s a bit of news, with more likely to come, regarding the U.S. Department of Occupational Safety and Health Administration’s…
2022 California Construction Law Update
It’s been a trying year as we approach the end of 2021. From the pandemic approaching nearly two years to concerns regarding climate change to the…
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,…
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