The California Supreme Court ruled in McMillin Albany LLC et al. v. The Superior Court of Kern County, (1/18/2018) 4 cal. 5th 241, that California’s Right to Repair Act, California Civil Code sections 895 et seq. (“Act”) is...more
3/7/2018
/ Appeals ,
CA Supreme Court ,
Civil Code ,
Common Law Claims ,
Construction Defects ,
Construction Workers ,
Dispute Resolution ,
Economic Loss Doctrine ,
Homeowners ,
Property Damage ,
Real Estate Development ,
Residential Property Owners ,
Right to Repair
On February 1, 2018, the 9th Circuit issued its ruling in Hawai’i Wildlife Fund v. County of Maui that expands coverage under the Federal Clean Water Act (CWA) to discharges of contaminants to groundwater that travel through...more
2/14/2018
/ Clean Water Act ,
Contamination ,
Discharge of Pollutants ,
Enforcement Actions ,
Groundwater ,
Mining ,
Navigable Waters ,
Oil & Gas ,
Point Sources ,
Rapanos v US ,
Safe Drinking Water Act ,
Surface Water ,
Underground Injection Wells
Welcome to the fall 2017 edition of our Under Construction newsletter. We hope your summer has left you relaxed and refreshed to make the final push to successfully finish out the remainder of the year.
In this issue, we...more
9/7/2017
/ Attorney's Fees ,
Breach of Warranty ,
Change Orders ,
Construction Contracts ,
Construction Industry ,
Construction Project ,
Contract Terms ,
Delays ,
Implied Warranties ,
Jurisdiction ,
Non-Signatories
On June 7, 2017, United States Attorney General Jeff Sessions issued a memorandum to all Department of Justice (DOJ) components and 94 United States Attorney’s Offices prohibiting them from entering into any agreement on...more
6/19/2017
/ Attorney General ,
Civil Monetary Penalty ,
Corporate Misconduct ,
Enforcement Actions ,
Environmental Crimes ,
Government Investigations ,
NGOs ,
Obama Administration ,
Punitive Damages ,
Restitution ,
Supplemental Environmental Project (SEP) Policy ,
Third-Party Relationships ,
Trump Administration
Welcome to the summer 2017 edition of our Under Construction newsletter. In this issue, to accompany the summer heat, we highlight several hot topic items affecting the construction industry, such as the recent revisions to...more
Welcome to the winter 2016 edition of our Under Construction newsletter. We hope your year has been good to your family, your company and you as we wrap up these remaining few weeks of 2016.
A recent hot topic with...more
12/8/2016
/ Arbitration ,
Arbitration Awards ,
Collective Bargaining ,
Construction Defects ,
Construction Industry ,
Construction Liens ,
Department of Transportation (DOT) ,
Design Professionals ,
Dispute Resolution ,
Federal Contractors ,
Financial Statements ,
General Contractors ,
NLRB ,
Payment Bonds ,
Public Works ,
Statute of Repose ,
Subcontractors ,
Unions ,
Waivers
Change is inevitable. Many times between project approval and project construction fluctuations in market conditions, financing terms or other factors mandate project changes. Do the changes require a further or modified...more
Letter from the Editor -
Welcome to the Fall 2016 edition of our Under Construction newsletter. We hope your summer has left you relaxed and refreshed to successfully finish out the remainder of the year.
Most...more
9/8/2016
/ Caltrans ,
Commercial Leases ,
Construction Contracts ,
Construction Industry ,
Contract Disputes ,
Contractor's License ,
Contractors ,
Denial of Insurance Coverage ,
Department of Defense (DOD) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Infrastructure ,
Insurance Claims ,
Insurance Industry ,
Landlords ,
Licensing Rules ,
Property Improvements ,
Redeterminations ,
Tenants
Welcome to the first edition of our Under Construction newsletter for 2016.
Indemnity laws and clauses are a big part of construction contracts. They can make or break a project. Defend and indemnify obligations have the...more
Under CERCLA activities to clean up hazardous substances are characterized as either “removal actions” or “remedial actions.” Generally, removal actions are interim actions to clean up or remove hazardous materials. 42...more
In virtually all public projects (and in many private projects), the owner requires the general contractor to post a performance bond and a payment bond. Recently, in some cases, general contractors have obtained...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