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Bid Protests: The Good, the Bad and the Ugly (Redeux)

This past week I gave a presentation on a panel entitled “Bid Protests: The Good, the Bad and the Ugly” before my local bar association. Thanks to those who attended, my co-presenters and the bar association for sponsoring....more

9/16/2014 - Bid Protests Bids Competitive Bidding

Sacramento’s Commercial Construction Market Heats Up

One reason I changed law firms from the Bay Area to Sacramento was I felt that Sacramento’s construction market, which was one of the areas hardest hit in California following the Real Estate Bubble Burst, was poised for a...more

9/9/2014 - Construction Contracts Real Estate Market

The “Program Accessibility” Exception for Public Entities Under the ADA

Public owners, as well as private owners and tenants of commercial and retail properties, are at risk of lawsuits brought under the Americans with Disabilities Act of 1990 (“ADA”) and related state law alleging that their...more

9/3/2014 - ADA Disability Disability Discrimination Employee Rights Public Entities

The Future of Rail 2050

California’s High-Speed Rail project is . . . well . . . very California. Mix some forward, independent thinking (it was first proposed by then (and now) Governor Brown back in the 1980s), with a dash of high tech...more

8/26/2014 - High-Speed Rail Public Projects Railways

Being a Contractor Just Got a Whole Lot Scarier

If you’re fortunate enough to live and work in California you have a lot to be thankful for. Temperate weather, beautiful beaches, rugged mountains and an array of attractions whether you’re an urbanite, outdoorsman or thrill...more

8/25/2014 - Construction Industry Contractors General Contractors Material Suppliers Mechanics Lien Payment Bonds Stop Payment Notices Subcontractors Suppliers

DIR Launches New Mandatory Registration Program for Public Works Projects

The California Department of Industrial Relations (“DIR”) has announced the launch of a new registration program for public works projects authorized by Senate Bill 854, which was signed into law on June 20, 2014, and became...more

7/30/2014 - Construction Contracts Contractors Infrastructure Public Projects Public Works Registration Subcontractors

Court of Appeal Ameliorates (a Bit) the "Harshness" of Business and Professions Code Section 7031

California courts have variously described Business and Professions Code section 7031 as “draconian,” “harsh[ ]“ and “[u]njust[ ],” but nonetheless enforceable. Section 7031 both prohibits unlicensed or improperly...more

7/8/2014 - Construction Contracts Construction Disputes Contractor's License Contractors Disgorgement General Contractors Licensing Rules

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