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Water Bond Would Authorize $7.5 Billion for California Water Supply Infrastructure Projects

When California voters cast their votes on November 4, 2014 they will decide the fate of a $7.5 billion water bond proposal – Proposition 1 – which would authorize $7.12 billion in new general obligation bonds and reallocate...more

10/29/2014 - Bond Financing Construction Industry Construction Project Infrastructure Public Projects Water

Constitutional Default Interest Rate of 7% Rather Than 10% Default for Breach of Contract, Applies to Prejudgment Interest on a...

Addressing an issue of first impression, the Fourth Appellate District has determined that in a mechanic's lien foreclosure action against an innocent property owner who did not contract with the mechanic's lien claimant, the...more

10/29/2014 - Breach of Contract Construction Disputes Foreclosure General Contractors Interest Rates Mechanics Lien

Seeing Pink

It’s not often that you see guys in pink hard hats. So I had to take a picture when I saw these guys on my drive into work this morning...more

10/24/2014 - Cancer Construction Workers SMUD

California’s High Speed Rail Project. Are We Done With the Drama?

Proponents of California’s high-speed rail project cleared a major hurdle this past week when the California Supreme Court declined to review a California Court of Appeals ruling which held that the state’s funding plan did...more

10/22/2014 - Appeals Citizen Initiative Campaigns Construction Industry Federal Funding Funding High-Speed Rail

Contractors: Beware the Subordination Clause

Did you know that California is the only state in the country in which mechanics liens are a constitutional right? Tis true. Article XIV of the California Constitution states: Mechanics, persons furnishing...more

10/14/2014 - Construction Contracts Construction Industry Construction Liens Constructive Notice Deed of Trust General Contractors Mechanics Lien Notice Requirements Subordination

Reality TV, Voyeurism and the Thrills of Construction

My wife was watching Project Runway when I ran across an advertisement on for ConstructionCamTv which describes itself as “[a] new 24-hour live streaming channel featuring the best views and time-lapse video from job...more

10/9/2014 - Construction Industry Internet Streaming Reality Shows Television Programming

Required Contract Provisions for Construction Contracts in California

One question I get fairly often when drafting or reviewing construction contracts is what provisions, if any, are required in construction contracts in California. This is, of course, different than what should be included in...more

10/7/2014 - Construction Contracts Construction Industry Contract Drafting

Yes, Indeedy. Competitive Bidding Not Required for School District Lease-Leasebacks

Remember when you discovered that the tooth fairy wasn’t real? It was kind of a bummer on one hand learning that it wasn’t a fairy that magically appeared to swap your tooth for cold hard cash, but rather your mom or,...more

9/30/2014 - Competitive Bidding Construction Contracts Construction Industry Contractors Design-Bid-Build Design-Build Leases Public Schools School Districts

Prevailing Wages Not Required When Fabricating Materials for a Public Works Project at a Permanent Offsite Facility. Excellent

I’m not one to reinvent the wheel, so I won’t. The Case: Sheet Metal Workers’ International Association, Local 104 v. Duncan, Case No. A131489 (August 27, 2014)....more

9/23/2014 - Prevailing Wages Public Works Wage and Hour Wages

The Hardhat of the Future, Today . . . or, Rather, Next Month

Wearable tech seems to be all the rage, from Google Glass to Apple’s just announced Apple Watch. Even Hollywood seems to be jumping on the wearable tech bandwagon with Tom Cruise starring as a reluctant (and, at least...more

9/18/2014 - Apple Watch Construction Industry Construction Workers Facebook Google Glass Pandora Wearable Technology

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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