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2018 Construction Outlook: Mature Expansion, Deceleration in Some Sectors, Continued Growth in Others

U.S. construction starts are expected to increase 3 percent to $765 billion in 2018 according to Dodge Data & Analytics in its 2018 Dodge Construction Outlook. But we may be approaching the end of a construction boom, at...more

2018 California Construction Law Update

The California State Legislature introduced 2,495 bills during the first year of the 2017-2018 Legislative Session. Of these, 859 were signed into law....more

In a Win for Design Professionals, California Court of Appeals Holds That Relation-Back Doctrine Does Not Apply to Certificate of...

The year was 1995. The old guard was still in power in Sacramento. “Button-Down” Pete Wilson was Governor. Willie Brown, the self-nicknamed “Ayatollah of the Assembly,” was Speaker of the Assembly. And Bill “Huggy” Lockyer...more

Property Damage, Occurrences, Delays, Offsets and Fees. California Decision is a Smorgasbord of Construction Insurance Issues

I read once that 97 percent of cases never go to trial. However, there are still the ones that do. And, then, there are the ones that do both. The following case, Global Modular, Inc. v. Kadena Pacific, Inc., California Court...more

OSHA Begins Enforcement of Respirable Crystalline Silica in Construction Standards

On October 23, 2017, the U.S. Occupational Safety and Health Administration (OSHA) began enforcement of its Respirable Crystalline Silica in Construction Standard (Construction Silica Standard). OSHA enforcement of its...more

Tips for Contractors Who Want to Help Rebuild After the California Wildfires

I received a call from one of my contractor clients this past week to see what he could do to help those affected by California’s North Bay fires....more

Construction Companies Can Be Liable for “Secondary Exposure” of Asbestos to Household Members

The history of asbestos regulation in the United States is complicated. Prior to the 1970s, asbestos-containing materials used in construction was widespread....more

When Your “Private” Project Suddenly Turns into a “Public” Project. Hint: It Doesn’t Necessary Turn on Public Financing or...

In 1931, during the Great Depression, the federal government enacted the Davis-Bacon Act to help workers on federal construction projects. The Davis-Bacon Act, also known as the federal prevailing wage law, sets minimum wages...more

Unlicensed Contractor Shoots for the Stars . . . Sputters on Takeoff

Elon Musk . . . Eccentric engineer. Technology billionaire. And, now, litigation bad ass. Frequent readers of the California Construction Law Blog know that we’ve talked about the importance of being properly...more

Amid the Chaos, Trump Signs Executive Order Streamlining Environmental Permitting and Disbands Infrastructure Council

This past week, a couple of new developments took place at the federal level on infrastructure, although if you blinked, you may have missed it....more

Lease-Leaseback Battle Continues as First District Court of Appeals Sides with Contractor and School District

Earlier, we wrote about Davis v. Fresno United School District (2015) 237 Cal.App.4th 261, a Fifth District California Court of Appeals decision that sent shock waves through the school construction industry and raised...more

In Supreme Court Showdown, California Appeals Courts Choose Sides Regarding Whether Right to Repair Act is Exclusive Remedy for...

Earlier, we wrote about an appellate court split concerning the Right to Repair Act (Civil Code sections 895 et seq.) which applies to construction defects in newly constructed residential properties including single-family...more

The Metaphysics of When an Accident is an “Accident” (or Not) Under Your Insurance Policy

As an undergrad, I remember taking an introductory philosophy class. When we came to the chapter on metaphysics our professor asked what makes an apple an apple? “We have a specific name for it, presumably, to distinguish it...more

Construction and Infrastructure Update - July 2017

California’s New Public Works Claims Resolution Process - If you’re a public entity or contractor involved in public works construction, you should be aware of a new law that took effect this year establishing a new...more

California’s New Public Works Claims Resolution Process

If you’re a public entity or contractor involved in public works construction, you should be aware of a new law that took effect this year establishing a new mandatory claims resolution process for disputes on public works...more

The A, B and C’s of Contracting and Self-Performing Work Under California’s Contractor’s License Law

The California Contractors State License Board issues licenses in three general classifications: 1. Class A – General Engineering Contractors; 2. Class B – General Building Contractors; and 3. Class C – Specialty...more

President Trump Issues Executive Order on Apprenticeships

Perhaps it was only apropos. This past month, President Trump, former reality show host of The Apprentice, signed an executive order calling for more money and a bigger role by private companies in designing federal...more

AIA Releases Decennial 2017 Updates to its Contracts Suites

The American Institute of Architect’s (AIA) suite of design and construction documents are among the most popular industry form contracts. Every ten years the AIA reviews and updates its core documents, and early this Spring,...more

Trump’s Infrastructure Weak

This past week was President Trump’s “Infrastructure Week.” A week dedicated, according to the White House’s official blog, “to addressing America’s crumbling infrastructure” and to try to build support for the President’s...more

Indemnitor Owes Indemnity Even Where Indemnitee is Actively Negligent, California Court Holds

Indemnity provisions are one of the most fought over provisions in design and construction contracts. But while parties generally understand the intent behind indemnity provisions — that one party (the “indemnitor”) agrees to...more

President Trump’s “Buy American, Hire American” Executive Order and the Construction Industry

“We will have two simple rules when it comes to this massive rebuilding effort, buy American and hire American” – President Donald Trump On April 18, 2017, President Trump signed Executive Order No. 13788 implementing his...more

California Supreme Court Finds that When it Comes to Intentional Interference Claims, Public Works Projects are Just Different,...

Earlier, we reported on a California Court of Appeals decision – Roy Allan Slurry Seal, Inc. v. American Asphalt South, Inc. – which held for the first time that a second-place bidder on a public works contract could sue a...more

Occurrence-Based Insurance Policies and Claims-Made Insurance Policies – There’s a Crucial Difference

I’ve yet to find reading through an insurance policy on anyone’s “bucket list.” But read them you should. Or have your attorney read through them (wink, wink). Because when you need to tender a claim there’s...more

President Trump Repeals Contractor “Blacklisting” Rule

Former President Obama’s so-called “Blacklisting” rule was short-lived. On Monday, President Trump signed a joint resolution eliminating the rule, which had required bidders on federal projects with a value in excess of...more

CSLB Releases New Forms and Announces New Fees!

The California Contractors State License Board (CSLB”) has issued new application forms. Effective May 1, 2017, the CSLB will only accept forms with a revision date of October 2017 (Pro tip: see bottom of form to verify it...more

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