Contractor and subcontractor negotiations often lead to contract terms and language being incorporated into the subcontract agreement, which then leads to surprising results when issues arise. These results often occur when...more
Looming large on the 2022 construction landscape horizon is the specter of cost escalation claims. Over the past year, rising prices have become extreme, and the clauses governing cost escalation have come under greater...more
The current state of the construction industry as it concerns cost escalation and supply issues is one of uncertainty and time of performance problems resulting in increasing costs. There are major disruptions and delays in...more
In the 2020 COVID-19 year, there were not that many construction-related cases decided by the California Courts of Appeal, and none by the California Supreme Court. However, there were a number of interesting cases that raise...more
4/20/2021
/ Anti-SLAPP ,
Attorney's Fees ,
Breach of Contract ,
California ,
Construction Contracts ,
Construction Industry ,
Contractors ,
False Claims Act (FCA) ,
Fraud ,
License Renewals ,
Mechanics Lien ,
Objective Falsity ,
Subcontractors
Public entities are known to assert False Claims actions “to up the ante” to intimidate and aggressively address contractor construction claims. This strategy in the case of John Ross of Industrial Sheet Metal, Inc. (JRI) V....more
The new year brings us some clarification regarding due process and sufficiency of the evidence necessary to support a subcontractor substitution on a California public works project. The case of note is JMS Air Conditioning...more
There is a growing trend in the construction industry wherein contractors, subcontractors and designers are working together to pursue large construction projects. This trend is accelerating as more public entities choose to...more
Delay and Disruption Claims -
Delay and disruption issues can come up in any project. This article offers an initial introduction and explains the legal requirements for both delay and disruption claims, and practical...more
In recent case of United Riggers and Erectors, Inc. v. Coast Iron and Steel Company ___ Cal. 4th ___ (May 14, 2018 Case No. S231549), the California Supreme Court addressed whether a direct contractor can withhold payment...more
This year California ushered in a new law effective January 1, 2018 for private works construction contracts, California’s Labor Code section 218.7. The law applies to all direct contractors who make or take the contract in...more
5/21/2018
/ CA Supreme Court ,
Construction Contracts ,
Construction Industry ,
Employer Liability Issues ,
Former Employee ,
Labor Code ,
Labor Law Violations ,
New Legislation ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
Subcontractors ,
Unpaid Wages ,
Wage and Hour
Welcome to the spring 2018 edition of our Under Construction newsletter. We hope 2018 is off to a good start for you and your company.
We start this issue with an article providing some practical solutions to common legal...more
3/21/2018
/ Airspace ,
Commercial Use ,
Construction Contracts ,
Construction Disputes ,
Construction Industry ,
Construction Litigation ,
Construction Project ,
Drones ,
Homeowners Association (HOA) ,
Mediation ,
NV Supreme Court ,
Unmanned Aircraft Systems
Letter from the Editor -
Welcome to the final 2017 edition of our Under Construction newsletter. It is hard to believe that 2018 is right around the corner!
In this issue, we highlight several topics affecting the...more
12/11/2017
/ Commercial General Liability Policies ,
Construction Contracts ,
Construction Industry ,
Construction Project ,
Deadlines ,
Endorsements ,
Insurance Industry ,
Liquidated Damages ,
No Damage For Delay ,
Prevailing Wages ,
Prompt Payment ,
Public Projects ,
Required Documentation ,
Wage and Hour
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
Letter from the Editor -
Welcome to the spring 2017 edition of our Under Construction newsletter. We hope 2017 is off to a good start for you and your company.
An issue that seems to commonly come up in cost-plus...more
3/20/2017
/ Appeals ,
Arbitration ,
Building Information Modeling (BIM) ,
Commercial Insurance Policies ,
Construction Contracts ,
Construction Industry ,
Contract Terms ,
Critical Infrastructure Sectors ,
General Contractors ,
Good Faith ,
Promissory Estoppel ,
Proposed Legislation ,
Real Estate Development ,
Subcontractors ,
Termination for Default ,
Trump Administration ,
Waivers
As we move further into the 21st century, we continue to see new trends develop in project delivery for the construction industry. The industry is experimenting with different project delivery formats and combining them with...more