California’s anti-SLAPP (“strategic lawsuit against public participation”) law has been an inviting first line of attack for defendants and cross-defendants—and a potential pitfall for plaintiffs and cross-complainants—ever...more
Letter from the Editor -
Welcome to the final 2015 edition of our Under Construction newsletter. It is hard to believe that 2016 is right around the corner!
Drones are a hot topic right now. The first article in...more
12/10/2015
/ City Councils ,
Construction Defects ,
Drones ,
Federal Aviation Administration (FAA) ,
General Contractors ,
Local Ordinance ,
Pay if Paid ,
Piece-Rate Pay ,
Retainage ,
Section 333 Exemption ,
Subcontracts ,
Unenforceable Contract Terms ,
Unmanned Aircraft Systems
Subcontracts often contain payment provisions to deal with the issue that a general contractor wants to be paid by the project owner before the general contractor has to pay its subcontractors. Two common subcontract...more
California has some of the toughest penalties in the country for unlicensed contractors. An unlicensed contractor is not just a contractor without a license, but could also be a contractor who is not correctly licensed or a...more
Letter from the Editor -
Welcome to the summer edition of our Under Construction newsletter. In this issue, we highlight several hot topic items affecting the construction industry such as what happens when the...more
6/15/2015
/ Amended Legislation ,
Appeals ,
Architects ,
Construction Contracts ,
Construction Defects ,
Construction Industry ,
Construction Liens ,
Contractors ,
General Contractors ,
Liens ,
Little Miller Act (LMA) ,
Payment Bonds ,
Performance Bonds ,
Public Projects ,
Service of Process ,
Subcontractors ,
Subcontracts
“Time is money” in construction. Owners, design professionals and contractors use time to calculate the impact of lost performance. Yet delay and disruption can be commonplace in construction projects. The reasons for the...more
Welcome to the spring edition of our Under Construction newsletter. There have been some interesting legal changes that have taken place recently with the potential to significantly impact the construction...more
3/13/2015
/ Business Disruption ,
Change Orders ,
Common Ownership ,
Construction Contracts ,
Construction Defects ,
Construction Industry ,
Construction Liens ,
Construction Workers ,
Damages ,
Delay Claims ,
General Contractors ,
Indemnification ,
Legislative Agendas ,
Mediation ,
Performance Bonds ,
Subcontractors ,
Tax Exemptions ,
Transaction Privilege Tax ,
Work Suspensions
Notable 2014 Case Law -
Liability for owners, developers, contractors, subcontractors, suppliers and design professionals -
This year, California courts decided a variety of cases with important relevance to...more
12/8/2014
/ Architects ,
Building Codes ,
Bullying ,
Construction Defects ,
Construction Industry ,
Construction Project ,
Contractors ,
Energy Efficiency ,
General Contractors ,
OSHA ,
Privity of Contract ,
Real Estate Development ,
Sick Leave ,
Strict Liability ,
Subcontractors ,
Subrogation ,
Wage and Hour
The California legislature has enacted a comprehensive series of prompt payment statutes that are designed to ensure the prompt payment of progress payments and retention payments to downstream contractors by imposing harsh...more
On October 3rd, Governor Jerry Brown signed into law Senate Bill 328 which permits counties to enter construction manager at-risk agreements for construction of projects over $1 million. Counties now join other public...more
Welcome to our final issue of Under Construction in 2013. We hope your year has been filled with health, happiness, peace and prosperity. We thank you for your readership, and we continue to appreciate the opportunities we...more
Welcome to our summer 2013 issue on indemnity and additional insured provisions in the Southwest. While contractual provisions that define liability in the event of accidental damage or loss affect most construction projects,...more
In This Issue:
Letter from the Editor; Colorado Construction Law Developments in 2012; Arizona Court of Appeals Issues Decision Related to the Application of the Statute of Repose and Economic Loss Doctrine for...more
12/31/2012
/ Airspace ,
Construction Contracts ,
Construction Cranes ,
Construction Defects ,
Duty to Defend ,
Easements ,
Economic Loss Doctrine ,
Employer Liability Issues ,
Implied Warranty of Habitability ,
Indemnity Agreements ,
Legal Costs ,
Privity of Contract ,
Property Improvements ,
Retroactive Application ,
Statute of Repose ,
Vicarious Liability
Back in October 2011, California Governor Jerry Brown signed into law Senate Bill 474, which addresses indemnity provisions and cost of defense requirements in commercial construction contracts. The new law goes into effect...more