Trusted And Respected
With the New Year here, construction professionals can welcome in a series of new laws which will impact the industry. Mr. Last has compiled a list of these legislative developments, which become effective in 2013. The list is posted on our website, and can be viewed...
California Supreme Court holds that a subcontractor's duty to defend under an indemnity clause exists even though the subcontractor is not at fault for issue in which the duty to defend arose. "Type 1" indemnity clauses in commercial construction contracts now banned...
Senate Bill 189, passed in 2009 by California legislatures, institutes a significant overhaul of lien claim laws. Lien claims include mechanic's liens, stop notice claims, and claims on public works payment bonds. The bill provided that most of the changes become...
Project owners facing mechanic's lien claims they believe lack merit will often threaten to retaliate with a slander of title action against the claimant. But the law generally does not allow a slander claim against a lien claimant, even if the claim lacks merit. In a...
In a recent case entitled Greg Opinski Construction v. City of Oakdale, 199 Cal.App.4th 1107 (2011) a California Appellate Court held that when a construction contract requires notice be given as a condition for getting an extension of time and notice is not given,...
Any contractor seeking to assert a claim for payment in a lawsuit or arbitration must show that it was "duly licensed" to perform its work. In Pacific Caisson & Shoring Inc. v. Bernards Brothers, Inc., 198 Cal.App. 681 (2011) (published August 19, 2011) the...
In a unpublished decision filed October 27, 2011 the Court of Appeals confirmed that a private works bonded stop notice could be invalidated as a result of a clerical error in stating the claim amount. A stop notice may be served on an owner or construction lender to...
As we have previously noted, in September California's legislators approved SB 474 and sent it to Governor Brown's desk for signature or veto. On October 9, 2011 the Governor signed SB 474 into law. SB 474 restricts the inclusion of Type I indemnity provisions in...
General contractor C.C. Meyers, Inc. was awarded a Caltrans project to improve a highway in Glendale. Meyers was given a credit in its bid for listing a Disabled Veteran Business Enterprise ("DVBE"), Sam's Equipment and Supplies ("Sam's"). Sam's was to furnish...
As noted in our SB 474 posting, at least two construction-related laws were approved by California legislators at the end of the 2011 legislative session: SB 474 and SB 293. This post discusses SB 293. Both bills are now headed to the governor's desk for his signature...
