Bar Against Forum Selection Clauses in Construction Contracts Extended to Design Professionals
It’s a tactic as old as war itself. You can often gain a strategic advantage by selecting the location of battle. The same is true in litigation.…
Public Entity Not Entitled to Recover Attorney’s Fees in Stop Notice Enforcement Action
One of the few statutory payment remedies available to subcontractors and others who provide labor, services, equipment and/or materials on public works projects is the stop…
Owner’s Insurance Broker Had No Duty to Inform Insured Subcontractor of Insolvency of Insurance Company
Construction projects can be fraught with risk whether it be design or construction defects, injuries to laborers or third parties or even damage to or destruction…
Who Says Actions Speak Louder Than Words?
Contractors who work in the public works arena are aware that under California Civil Code section 3247 [which will be recodified at Civil Code section 9550…
2012 California Construction Law Update – Part 2
Part 2 of my 2012 California Construction Law Update discusses several new laws which are intended to provide relief to the state’s hard hit construction industry, provide…
Objective, Not Subjective Standard, Determines Good Faith Disputes Under Prompt Payment Statutes
California has several nearly identical statutes scattered across multiple code sections that require public and private owners to promptly pay progress and retention payments to their…
Scope of Work, Not Contract, Governs License Requirements
Attorneys spend a lot of time parsing words, both to ensure that the words that they use convey what they mean, and to determine what others…
