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…

Court Holds That One-Year SOL Applies to Disgorgement Claims Under B&P Section 7031

We’ve talked before about Business and Professions Code section 7031 which courts have referred to as “harsh[ ],” “unjust[ ]” and even “draconian.” Under Section 7031,…

Proving Contractor Licensure in California. The Tribe Has Spoken

As I mentioned in an earlier post, in California you must “prove” you’re a licensed contractor in a construction case. But in whose hands are you entitled…

Did the Court of Appeals Just Raise the Bar for California Contractors to Self-Report Construction-Related Judgments?

An interesting construction case just came out from the California Court of Appeals for the Second District this past month – Pacific Caisson & Shoring, Inc. v.…

There’s a New Sheriff in Town, Pilgrim

If trial is the Wild West, then arbitration is no-holds barred cage fighting, where the only rule is that there are no rules. To be fair,…

Unlicensed Contractor Required to Disgorge All Money Received

Most California contractors are familiar with Business and Professions Code section 7031. And if you’re not, you should. Variously described by California Court’s as “draconian,” “harsh[…

Arbitration Provision in Construction Contract Not Void Simply Because Contractor Was Unlicensed at the Time it Entered into Contract

With state and federal courts increasingly backlogged with cases, contracting parties are more frequently including alternative dispute resolution (“ADR”) provisions in their contracts as a way…