Articles

• Be Prepared for SB 1159 and COVID-19 Workers Comp Action-Over Claims.
• Shut Down of Construction Projects Due to Covid-19 Shelter-in-Place and Stay at Home Orders May Trigger Your Time to Server or Record Stop Notices and Mechanic’s Liens.
  
• Can You Recover for Construction Delays Related to Covid-19 Shelter-in- Place Orders?
  
• Due to Covid-19 Shelter-in-Place and Stay at Home Orders, The Time to Send Your Delay Notice Is Now
  
• In light of the Corona Virus Shelter in place Orders, what contract clauses should I review so that I can give timely notice
  
• AB 5 Contractor – Subcontractor relationships
• Choosing a legal entity for a new California construction business
• Beacon case opens California architects and engineers to broader liability
• CDC reports large number of children exposed to dangerous levels of lead
• California’s current real estate market gives rise to property disputes
• California licensing board targeting unlicensed contractors
• California construction disputes and mediation: FAQs
• Introduction to the California Homebuilders’ Right to Repair Act

Construction Bidding

• Are You Prequalified To Be Awarded Small Public Projects Not Subject To Formal Bidding Requirements?
• Bidders are Entitled To A Due Process Hearing Over Allegedly Incorrect Statements In Public Contract Bids
• 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 a Sophisticated Party? Time to Examine the Accrual Date for Construction Defect Claims in Your Contract
• Ban On “Type 1” Indemnity Clauses In Commercial Construction Contracts Takes Effect In California
• Are You About To Remodel Or Build A Home? Ten things Every Homeowner Should Do When Hiring A Contractor.
• Are You About To remodel Or build A Home? Homeowner Checklist.
• Are The Construction Contract Indemnity Laws Going To Change In California?
• 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

• Construction boom predicted for California Bay Area in 2014
• The Right to Repair Act is not the Exclusive Remedy When Actual Damages are Present
• Court confirms designers may be liable To HOAs For Defects Under Tort Law And SB 800
• 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

• Have You Given Proper Notice Of The Delay? California Appellate Court Permits Assessment Of Liquidated Damages Due To Contractor’s Failure To Give Notice Of Delay.
• 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

• Court Confirms Project Owners Cannot Sue Mechanic’s Lien Claimants For Slander Of Title merely because claim is found to lack merit.
• 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

• California Supreme Court Holds Public Entity Responsible For Nondisclosure Of Material Facts That Impact The Contractor’s Performance
• 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

Annual Legal Updates

• A 2013 Update On New California Laws That May Impact The Construction Industry
• A 2012 Update On New California Laws That May Impact The Construction Industry
• A 2010 Update On New California Laws
• A 2009 Update On New California Laws That May Impact the Construction Industry

Miscellaneous Issues

• Things You Need To Consider To Avoid Being Scammed Or Ripped Off In The Wake Of The Northern California Fires
• California Appellate Court Apply The Objective Standard To Determine If There Is A Good Faith Dispute For The Purpose Of Prompt Payment Statutes
• Indemnity Clauses: What Are They And What Risks Do I Assume When I Have One In My Contract?
• 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
• 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?
• 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

• Notice and Claim of Mechanic’s Lien
• Conditional and Unconditional Lien Releases
• Preliminary 20-Day Notice (Private-Works)
• Preliminary 20-Day Notice (Public Works)
• Is The Bankruptcy Trustee Demanding That You Return Your Last Progress Payment? What A Contractor Should Know About Preferential Payments
• What Happened To The One Year Guarantee? Rather, Did it Ever Exist?
• Miller Act Notice
• Construction Logs