Full Disclosure - California's Newly Expanded Premises and Independent Contractor Liability Case Law is Now More Aligned With Those of Several Other Western States


The California Supreme Court has recently raised the risk of liability for developers and builders constructing projects on their own real property for injuries suffered by independent contractors based on a failure by the developer or builder to disclose hazardous conditions on the property to the independent contractor. Numerous potential nondisclosed hazardous conditions might create builder liability such as unstable soils/slide potential, presence of underground fuel tanks, presence of combustible underground natural gasses, presence of lead or asbestos, unstable buildings in a remodel situation, or unstable trees near construction site.

Prior to this recent decision, the independent contractors sole remedy was worker's compensation insurance coverage.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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