The California Legislature recently passed about 1,300 laws and the Governor signed 893 of them into law. This continues a long run of California enacting approximately 1,000 laws a year. While it can be hard to keep up with...more
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
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
Shelter-in-Place (SIP) - A Shelter-in-Place order means just that, stay and shelter in the place you typically shelter, i.e., living quarters. The State of California has determined that construction is an “Essential...more
As we begin the new year, it is a good time to look at requirements that change from year to year. In this article we look at certain public works requirements in California. Many public works contractors are already aware...more
1/24/2020
/ Apprenticeships ,
Construction Industry ,
Employer Liability Issues ,
General Contractors ,
Hiring & Firing ,
Policies and Procedures ,
Project Delivery Methods ,
Public Works ,
Reporting Requirements ,
Skilled Laborers ,
State Labor Laws ,
Subcontractors
California's Governor has signed into law a bill passed by the legislature amending Section 3351 of, and adding Section 2750.3 to the Labor Code and amending Section 606.5 and 621 of the Unemployment Insurance Code relating...more
10/14/2019
/ ABC Test ,
Amended Legislation ,
Borello Test ,
CA Supreme Court ,
Construction Industry ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
General Contractors ,
Gig Economy ,
Governor Newsom ,
Independent Contractors ,
State Labor Laws ,
Subcontractors ,
Wage and Hour
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
California enacted Assembly Bill 1701 on October 14, 2017, which adds section 218.7 to the California Labor Code. It applies to contracts entered into after January 1, 2018 for private construction projects....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
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