Homebuilder Series Webinar: Fiduciary Duties & Auditor Liability
2014 Construction SuperConference Recap and Lessons for 2015
Winning Formula for Construction Litigation – Lessons Learned from a Recent Trial Win
Homebuilder Series Webinar: Joint Ventures Solutions, Steve Lear
Common Employment Law Mistakes for Small, Start-Up and Growing Companies
Nevada Gov. Brian Sandoval signed into law AB 125 (2015) ushering in critical reforms for Nevada’s construction defect laws. The law, which the Nevada Legislature passed this past Friday, Feb. 20, 2015, provides crucial...more
Two bills recently introduced in the Colorado Senate propose to change Colorado’s construction defect claims process.
If passed, Senate Bill 15-177 would amend Colorado’s Common Interest Ownership Act, C.R.S. §...more
Under California's SB 800 "Right to Repair Act," a builder may obtain a "reasonable release" to resolve a construction defect claim in exchange for a cash payment. ...more
As we previously reported, the New York State Legislature last June passed a Bill, intended to revitalize the Wage Theft Prevention Act (WTPA), that proposed significant changes to the state’s labor laws. Among other things,...more
Vanessa Cruz was tragically killed on July 15, 2008, in a single vehicle accident on the Florida Turnpike. Vanessa was the front seat passenger in a vehicle when the driver lost control, left the roadway, and struck the end...more
My kids don’t like riding in my car.
I urge them to look outside the window (I don’t have DVD), suggest that they roll down their windows to get some fresh air (rather than have me turn on the A/C) and persist on...more
“Mixing concrete, like baking a cake, is fraught with problems when the recipe is not followed.” – Justice Kenneth Yegan, State Ready Mix, Inc. v. Moffatt & Nichol, California Court of Appeal for the Second District, Case No....more
Why it matters: When a project’s subsequent CEQA documents fail to clearly provide public notice of material changes to a project, CEQA’s short statutes of limitation may not apply....more
Homeowner, David Belasco (“Belasco”)  bought a newly constructed Manhattan Beach residence in 2004 from the builder defendant Gary Loren Wells (“Wells”). In 2006, Belasco filed a complaint against Wells with the...more
On January 22, 2015, the Fourth District Court of Appeals issued for publication its decision in McMillin Companies LLC v. American Safety Indemnity Company, 4th Dist. Div. 1, D063586.
The case is significant in...more
Watch an in-depth Homebuilder Series webinar that discusses auditor liability and fiduciary duties.
Two issues of recurring interest to company officers and directors are the potential liabilities of outside...more
Discount retailer Ross Stores, Inc.'s ("Ross") recent proposed settlement of a California labor law class action filed by immigrant and low wage subcontractors related to janitorial services performed in its Ross Dress for...more
Many business owners and construction industry entities prefer, as a matter of course, that construction disputes be submitted to binding arbitration. Others maintain that, because arbitration lacks facets of the procedural...more
An insurer’s duty to defend and how that duty gets discharged may be one of the most frequently litigated coverage issues. Although typical policies afford insurers the right to control their insureds’ defense, insureds...more
The Florida Department of Transportation (“DOT”) hired Transportation Engineering, Inc. (“TEI”) to design, and D.A.B. Constructors, Inc. (“DAB”) to install, median guardrails along the Florida Turnpike. After the...more
New Bern Riverfront Dev., LLC v Weaver Cooke Constr., LLC (In re New Bern Riverfront Dev. LLC), 521 B.R. 718 (Bankr. E.D.N.C. 2014) – The debtor made claims against a surety that issued a performance bond in connection with a...more
On November 12, 2014 the Bureau of Safety and Environmental Enforcement (BSEE) strongly signaled a forthcoming review of its offshore facility decommissioning regulations and regulatory authority over contactors. While the...more
Private contractors who provide financial benefits to government employees of agencies with whom they contract will face forfeiture of all proceeds and profits derived from such tainted contracts, an appellate court recently...more
In this presentation:
- Hot off the presses: SBA’s proposed rule for the new mentor-protégé program for all small businesses
- How the limitations on subcontracting currently work
- Changes to the...more
Thank you to my partner Garret Murai for giving me the opportunity to post again on his excellent California Construction Law Blog. I am the author/editor of the Money and Dirt Blog, where I focus on issues relating to...more
When does “complete” not necessarily mean “complete”?
Answer: In a construction project.
A common feature of construction contracts is that they include a mechanism for the contractor’s works to be handed over...more
Does your private company contract with government agencies? If so, your company may have records that must be disclosed to the public under Florida’s Public Records Law. Florida’s Public Records Law can be found in Chapter...more
No project is truly complete before one party accuses the other of “breach of contract”.
Often the initial accusation is an attempt to scare the other party into action, to compel it to perform to the word of the...more
California is one of a handful of states (12 to be exact) which have statutory mandated waiver and release forms for construction projects. So, here’s what you need to know before you sign one. California has four statutory...more
On January 26, the U.S. Fish and Wildlife Service (“USFWS”) issued a letter to the California High-Speed Rail Authority (the “Authority”) that found that the Authority’s contractors are not in compliance with the Authority’s...more
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