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California Supreme Court Finds that When it Comes to Intentional Interference Claims, Public Works Projects are Just Different,...

Earlier, we reported on a California Court of Appeals decision – Roy Allan Slurry Seal, Inc. v. American Asphalt South, Inc. – which held for the first time that a second-place bidder on a public works contract could sue a...more

Occurrence-Based Insurance Policies and Claims-Made Insurance Policies – There’s a Crucial Difference

I’ve yet to find reading through an insurance policy on anyone’s “bucket list.” But read them you should. Or have your attorney read through them (wink, wink). Because when you need to tender a claim there’s...more

President Trump Repeals Contractor “Blacklisting” Rule

Former President Obama’s so-called “Blacklisting” rule was short-lived. On Monday, President Trump signed a joint resolution eliminating the rule, which had required bidders on federal projects with a value in excess of...more

CSLB Releases New Forms and Announces New Fees!

The California Contractors State License Board (CSLB”) has issued new application forms. Effective May 1, 2017, the CSLB will only accept forms with a revision date of October 2017 (Pro tip: see bottom of form to verify it...more

Call Me Maybe? . . . Don’t Waive Your Rights Under the Right to Repair Act’s Prelitigation Procedures

We’ve written before about the Right to Repair Act (Civil Code Sections 895 et seq.). The Act, also commonly known as SB 800 after the bill that established it, applies to newly constructed residential units including...more

America’s Infrastructure Gets a D+

The American Society of Civil Engineers (ASCE) has issued their 2017 Infrastructure Report Card, which assigns a letter grade to the nation’s infrastructure....more

Economic Damages and the Right to Repair Act: You Can’t Have it Both Ways

In 2002, the California State Legislature passed Senate Bill 800 also known as the Right to Repair Act (Civil Code Sections 895 et seq.) in an effort to stem a then rising tide in residential construction defect litigation....more

The Bathroom Wars Continue: New California Single-User, Gender-Neutral Bathroom Law Takes Effect March 1, 2017

Against the backdrop of President Trump’s recent withdrawal of former President Barack Obama’s transgender bathroom guidance, a new California law governing single-user restrooms takes effect March 1, 2017....more

Trump, Infrastructure and the Construction Industry

It’s been a whirlwind few weeks since Donald Trump became President. Many believed (including myself) that he couldn’t win. I was wrong. Some also believed (again, including myself) that he wouldn’t make good on his...more

The Wendel Report: Construction and Infrastructure Update, January 2017

2017 California Construction Law Update - While the presidential elections took the headlines in 2016, California’s state legislature was busy at work passing a number of bills impacting the construction industry. Here’s...more

California Enacts New Claims Resolution Process for Public Works Projects

If you’re a public entity or contractor involved in public works construction you should be aware of a new law, AB 626, which took effect on the first of this year and establishes a new mandatory claims resolution process for...more

Construction Injuries Under the Privette Doctrine. An Electrifying, but Perhaps Not Particularly Shocking, Story . . .

We’ve talked about the Privette doctrine before. The Privette doctrine, named after the court case Privette v. Superior Court (1993) 5 Cal.4th 689, provides in general that project owners and contractors are not responsible...more

In Real Life the Bad Guy Sometimes Gets Away: Adding Judgment Debtors to a Judgment

As most litigators will tell you a plaintiff in a civil lawsuit needs to be able to prove both liability and damages to win a case. That is, you need to show both that the defendant is liable under the law and that you have...more

2017 Construction Outlook: Slow, Mature Growth, but No Decline, Expected

As we count down the remaining days of 2016 (thank God) it’s time to think about what the new year will bring (I’m good with pretty much anything at this point)....more

2017 California Construction Law Update

To say it’s been an exciting year in politics would be an understatement. While most of the nation’s attention was focused on the presidential election, state legislatures, including California’s, were busy at work. The...more

Construction Contract Clauses Only a Grinch Would Love – Part 4

Scope, time and cost provisions may be the most important clauses in your construction contract but they’re not the only ones which can impact your bottom line. The fourth and final part in a multi-part series, here are some...more

Construction Contract Clauses That May or May Not Have Your Vote – Part 3

Scope, time and cost provisions may be the most important clauses in your construction contract but they’re not the only ones which can impact your bottom line. The third in a multi-part series, here are some other important...more

Construction Contract Clauses That Keep on Giving (to Someone) – Part 2

Scope, time and cost provisions may be the most important clauses in your construction contract but they’re not the only ones which can impact your bottom line. The second in a multi-part series, here are some other important...more

Scary Contract Clauses Which Go Bump in the Night – Part 1

Scope, time and cost provisions may be the most important clauses in your construction contract but they’re not the only ones which can impact your bottom line. The first in a multi-part series, here are some other important...more

Worker’s Compensation Exclusivity Rule Gets “Trumped” by Indemnity Provision

Sorry, I couldn’t help myself with the title. The next case, Aluma Systems Concrete Construction of California v. Nibbi Bros., Inc., California Court of Appeals for the First District, Case No. A145734 (August 16, 2016),...more

CSLB’s Military Application Assistance Program

Who knew? I didn’t. Military Applicants, with Proper Forms, Move to Front of Line for Contractor License Processing - SACRAMENTO – The Contractors State License Board (CSLB) salutes U.S. military personnel for their...more

California Imposes New Disabled Access Obligations on Commercial Property Owners

Since July 1, 2013, California Civil Code section 1938 has required commercial property owners to disclose in every commercial lease whether the property being leased has been inspected by a Certified Access Specialist...more

How Construction Contracts are Made. Hint: It’s a Bit Like Making Sausage

Construction can be a messy affair. In a sense, that’s to be expected when you’re building a complex structure, involving the coordination of several parties and numerous persons, in the natural environment and in the...more

It’s a Bird, It’s a Plane . . . No, It’s a Drone. Long Awaited FAA Drone Regulations Finally Take Flight

It’s a bird. It’s a plane. No, it’s a drone. Also known as an unmanned aerial vehicle (UAV) or unmanned aircraft (UA). And, technically, they’ve been around a long time, since at least 1849 when the Austrians...more

Why Clinton and Trump’s Infrastructure Plans Leave Us Wanting More

It’s hard not to pick up your newspaper (or, more likely, your smart phone) and not get caught up reading about Donald Trump’s latest “did he really say that” statement or about the “less than personal” personal email account...more

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