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The articles and forms in this section of the web site are intended to provide general information to members of the California construction community; they are not offered as and do not constitute legal advice. The general information provided in the articles and the forms should not be used by members of the construction community who have projects outside the State of California.

Since the forms are of a general nature, they must be altered to apply to specific factual situations. Similarly, the articles are published to provide general information about current legal issues in California and are intended to apply to a specific factual situation.

We do not seek to represent you based on a visit to or a review of this Web Page Set. If you desire to use the information provided in this web site section for a specific factual situation, have a specific legal question or need legal advice, you should contact a knowledgeable attorney who is licensed to practice law in your state and familiar with the law and issues relative to the construction industry.

Construction Bidding

• Bidder Prequalification For California Public Works Projects
• Two Recent Changes In The Law Affect Public Works Bids and Preliminary Lien Notices
• We Have Made A Material Error In Our Bid. Can We Revoke It? 
• Did You Make a Complete Inspection of The Site Before You Bid?
• An Overview of Competitive Bidding On California Public Works Projects

• Recent Appellate Court Case Addresses Relief For A Material Error In A California Public Works Project Bid.

Construction Contracts

• Are You Being Assessed Onerous Liquidated Damages?
• Does Your Contract Contain A Termination For Convenience Clause?
• Have You Reviewed Your Preliminary Lien Notice Form?
• California Construction Indemnity Clauses: A Simplified Overview
• Identifying Unfavorable Subcontract Clauses
• Prevailing Wage Contract Escape Clauses
• Does the Arbitration Clause In Your Contract Protect You?
• Do Recent Materials Price Increases Threaten Your Bottom Line?
• Are Your Claims Subject to a Flow-Through Clause?
• Does Your Contract Contain A No Damages For Delay Clause? If So, It May Not Be Valid
• The Indemnity Clause Battle Continues Two New Changes

• If There Are Disputes Concerning Ambiguities in a Contract, Whose Interpretation Should Prevail? An Overview of Contract Rules of Interpretation

Construction Defects

• The California Department Of Health Services Issues An Implementation Update For Reporting Mold Standards and Guidelines
• The New California Construction Defect Laws Changes And How They Relate To Existing Dispute Resolution Procedures
• Relying On A Building Inspector’s Approval of the Work Does Not Shield The Contractor From Liability
• Contractor Liability For Defects Expands
• How Long Are You On The Hook For Defective Workmanship? An Overview of the Construction Defect Statute of Limitations

• Are You Complying With the New Home Improvement Contract Requirements?

Basic Construction Project Documentation

• Construction Project Documentation: A Basic Checklist of Documents That Should Be Maintained to Prove a Construction Claim
• Using Project Documentation: A Simple Format For A Construction Claim
• Subcontractor Clause Checklist

• Pitfalls in the Use of E-mail and Electronic Records

Change Orders, Extra Work, and Construction Claims

• A Change Order Checklist
• Act Promptly To Avoid A Public Works Bid Protest Waiver
• Are You Being Ordered To Complete Your Work Earlier Then Scheduled?
• Five Situations Where You May Be Able To Avoid A Contractually Mandated Written Change Order
• The Use of A Construction Schedule To Analyze a Delay
• Overzealous Claim Prosecution Can Be An Invitation To Liability: A Primer On Avoiding False Claims Acts
• Calculating Delay Claims - An Overview of the Components
• Has El Niño Adversely Impacted Your Construction Project?
• Our Work is Being Delayed, What Should I Do?
• New Supreme Court Case Sets Standard on Contractor Delay Claims for Public Works Contracts
• Can You Recover for Construction Delays?
• Construction Claims Checklist
• Are You Including a Loss of Productivity Cost Component in Your Change Orders? Techniques for Establishing a Lost Productivity Claim
• The Ins and Outs Of Differing Site Condition Claims
• Too Many Change Orders May Provide The Basis For Abandoning The Construction Contract
• The Plans Are Incomplete, Now What Do I Do? An Overview Of The Implied Warranty That The Plans Are Complete

• New California Supreme Court Decision Will Impact Contractor Public Works Change Order Claims

Mechanics Liens, Stop Notices and Related Remedies

• I Forgot To File A Legal Action to Foreclose On My Mechanics Lien Within 90 days: Now What? Or My Contractor Recorded A Mechanic’s Lien and not Filed A Timely Lawsuit to Foreclose On It: Now What?
• A Recent Appellate Court Decision Significantly Impacts A Subcontractor’s Means for Recovering California Prompt Payment Penalties
• A California Appellate Court Holds That A Conditional Lien Release Is Enforceable Even If the Lien Claimant Is Not Paid
• Recent California Appellate Court Decision Reaffirms A Key Requirement For Asserting A Mechanic’s Lien
• Dot Com Bust Leads To Favorable Result For Tenant Improvement Contractors
• I Have Yet To Be Paid. Do I Still Have Time To Record A Mechanic's Lien?
• Substantial Changes to Preliminary Lien Notices Go Into Effect On January 1, 2004
• When Does The Time For Serving A Public Works Stop Notice Expire?
• California Public Works Stop Notices: A Primer
• California Mechanics' Liens and Stop Notices: Remedies You Can Use to Improve Collections
• An Overview of California Mechanic Liens and Stop Notice Remedies
• Simplified Private Work Mechanic Lien and Stop Notice Action Guide For Private Work of Improvement
• What amounts Can Be Included in Your Mechanic's Lien?
• How Dare They Record That Mechanic's Lien: Summary Methods to Remove Erroneous and Invalid Mechanic's Liens and Stop Notices
• Remedies Available to The Unpaid Contractor
• The Miller Act: An Overview on Making Claims for Payment on Federal Projects
• Steps to Protecting Your Interests Under Mechanic's Line or Stop Notice Statutes
• New Legislation Addresses The Use of Statutory Lien Releases To Release Stop Notices
• A Second Bite of The Apple Revisited: The Right to Record a Second Mechanics Lien
• The California Supreme Court Declares a Pay if Paid Clauses Are Void
• Have You Acted in Time to Avoid Losing Your Public Works Stop Notice and Payment Bond Claim
• Protecting Your Claim On California Public Works Projects: A Primer On Stop Notice and Payment Bond Claims 
• Timing is Everything When It Comes To Enforcing Mechanics Liens
• An Update on the Miller Act
• A Recent California Case Effects Contractors Who Perform Tenant Improvements
• What Can You Do If You Dispute A Public Works Stop Notice
• Prompt Payment Statutes Revisited: A Valuable Collection Tool
• If You Record Your Mechanic's Lien Too Early The Lien Is Ineffective
• California Design Professional Liens: An Overview
• Are You Protecting Your Lien Rights By Serving A Proper 20-day Notice?

• Does Your California 20-day Preliminary Lien Notice Include A Proper Estimate? If Not, It May Be Invalid

Public Works

• Are You Shifting From Private Contracts to California Public Works Contracts Due to the Economy?
• Submitting an Invoice When You Are Not In Compliance With the Contract Requirements For A California Public Works Project Results In False Claims Liability
• California Appellate Court Upholds Public Entities Obligation to Have Prime Contractor Post A Payment Bond
• Can A General Contractor Rely On A Subcontractor’s Bid on California Public Works Project?   
• Don't Get Caught In The "Or Equal" Public Contract Trap
• The Subcontractor Listing Laws for California Public Works Projects

Miscellaneous Issues

• A 2010 Update On New California Laws
• California Appellate Court Holds That Contractor Must Return All Payments When Qualifier is Not Acting as a Manager
• An Overview of the Additional Legal Exposure That a Contractor May Encounter in Constructing a Green Building
• Appellate Decisions
• A 2009 Update on New California Laws That May Impact the Construction Industry
• California Appellate Court Holds that a General Contractor is Responsible for Paying its Unlicensed Subcontractors Employees Wages
• Actions a Contractor Can Take to Help Survive Tough Economic
• California Appellate Court Holds That A Construction Manager on a Privately Owned Project Does Not Need a Contractor's License
• The Uses and Abuses of Joint Checks: An Overview of the Issues That Arise When You Use Joint Checks  
• Additional Insured Endorsements Revisited 
• Are There More Limitations On Your Insurance Coverage Than You Thought?
• Are Your Claims Subject to a Flow-Through Clause?
• As The Economy Slows The Number of Construction Bankruptcies Will Rise
• Is a SWPP Plan In Your Future?
• The State of California Issues A New Wage Order That Takes Effect On January 1, 2001
• Are You Taking Advantage of Methods For Expediting Receipt of Your Retention?
• Escrow Agreement For Security Deposits in Lieu of Retention
• Mediation: A Means To Obtain An Early Resolution of A Construction Dispute
• Why Am I Being Required To Provide An Additional Insured Endorsement? An Overview of Insurance and Indemnity Clauses
• Are You Subject To A Bankruptcy Preferential Payment Claim for Your Last Progress Payment
• The Anatomy of a Typical Lawsuit
• U.S. Supreme Court Upholds California's Prevailing Wage Statute
• California Supreme Court Rules That Your Contractor License Must Be In Effect At All Times To Recover Compensation
• California Appellate Court Rules On Prompt Payment Statutes Applicability to Retention
• The Attachment Remedy
• An Overview of Construction Liability Insurance Issues

Miscellaneous Forms

• Is The Bankruptcy Trustee Demanding That You Return Your Last Progress Payment? What A Contractor Should Know About Preferential Payments
• If There Are Disputes Concerning Ambiguities in a Contract, Whose Interpretation Should Prevail? An Overview of Contract Rules of Interpretation. 
• What Happened To The One Year Guarantee? Rather, Did it Ever Exist?
• Miller Act Notice (Word document)
• California Conditional Waiver and Release Upon Progress Payment (Word document)
• California Unconditional Waiver and Release Upon Progress Payment (Word document)
• California Conditional Waiver and Release Upon Final Payment (Word document)
• California Unconditional Waiver and Release Upon Final Payment (Word document)
• Construction Logs (Word document)