California Contractor Spills Coffee on Himself by Failing to Stay Mechanics Lien Action While Pursuing Arbitration
It bugs the Mrs. that I have a habit of reading the directions. “Just plug the darn thing in!” said the Mrs. when we got a…
The Project “Completion” Paradox in California
We’ve written before about why the date of “completion” on a California construction project is important, and why, if I may be blunt, determining that date…
10 Answers to Those Nagging Mechanics Lien Questions Keeping You Up at Night. Kind of
Construction lawyers may not ponder the great questions in life. We leave that to the estate planning attorneys. But ponder we do. And the next case,…
Contractors: Beware the Subordination Clause
A bit of mechanics lien trivia. What is the only state in the United States in which mechanics liens are a constitutional right? If you answered California, ding,…
Just Because You’re in Line Doesn’t Mean You’re Gonna Get Your Turn
This past week two of my colleagues – Bruce Scheidt, our firm’s Managing Shareholder, and Bruce Emard – wrote about a new case involving lien priorities…
Sharp Elbows, Slapbacks and the Law
“Boggling” said the trial court judge. “[I]t totally boggles my mind, because you could agree to anything, anything . . .” And that’s exactly what they…
Court Says No Take Backs to Manufactured Home Seller
Manufactured homes are unlike traditional housing. They are built off-site and must comply with HUD Title 6 construction standards which require, among other things, that they…
Construction Lender Not Entitled to File Lambert Motion
In 1991, the California Court of Appeals, in Lambert v. Superior Court, 228 Cal.App.3d 383 (1991), held that a property owner may file a motion challenging…
Reminder: New Statutory Construction Forms Required as of July 1, 2012
A reminder that new statutory construction forms – preliminary notices, mechanics lien, stop notice and conditional and unconditional waivers and releases – are required as of…
Court Fells Claim of Tree Supplier That Failed to Serve Preliminary Notice on Lender
In a recent case, Shady Tree Farms v. Omni Financial, F062924 (May 22, 2012), the California Court of Appeals for the Fifth District held that a…
2012 Construction Forms Now Available Under “Toolbox”
As I mentioned earlier, California’s construction payment statutes, formerly found at California Civil Code sections 3081.1 et seq., will be repealed and recodified beginning July 1, 2012.…
What’s In a Name? Part II
Earlier, I reported on a case decided by the California Court of Appeals for the Third District, Ball v. Steadfast-BLK, 196 Cal.App.4th 694 (2011), in which the Court…
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