Pages
- All Pages List
- Articles
- 3 reasons California's housing construction market is lacking
- 7 key elements of a construction contract
- A 2010 Update On New California Laws
- A 2012 Update On New California Laws That May Impact The Construction Industry
- A 2013 Update On New California Laws That May Impact The Construction Industry
- A California Appellate Court Holds That A Conditional Lien Release Is Enforceable Even If the Lien Claimant Is Not Paid
- A Change Order Checklist
- A Recent Appellate Court Decision Significantly Impacts A Subcontractor’s Means For Recovering California Prompt Payment Penalties
- A Recent California Case Effects Contractors Who Perform Tenant Improvements
- A Second Bite Of The Apple Revisited: The Right To Record A Second Mechanic's Lien
- AB 5 Contractor - Subcontractor relationships
- Act Promptly To Avoid A Public Works Bid Protest Waiver
- Actions A Contractor Can Take To Help Survive Tough Economic
- Additional Insured Endorsements Revisited
- An Overview Of California Mechanic's Liens And Stop Notice Remedies
- An Overview Of Competitive Bidding On California Public Works Projects
- An Overview Of Construction Liability Insurance Issues
- An Overview Of The Additional Legal Exposure That A Contractor May Encounter In Constructing A Green Building
- An Update On The Miller Act
- Appellate Decisions
- Are The Construction Contract Indemnity Laws Going To Change In California?
- Are There More Limitations On Your Insurance Coverage Than You Thought?
- Are You a Sophisticated Party? Time to Examine the Accrual Date for Construction Defect Claims in Your Contract.
- Are You About To Remodel Or Build A Home? Homeowner Checklist.
- Are You About To Remodel Or Build A Home? Ten things Every Homeowner Should Do When Hiring A Contractor.
- Are You Being Assessed Onerous Liquidated Damages?
- Are You Being Ordered To Complete Your Work Earlier Then Scheduled?
- Are You Complying With The New Home Improvement Contract Requirements?
- Are You Including A Loss Of Productivity Cost Component In Your Change Orders? Techniques For Establishing A Lost Productivity Claim
- Are You Prequalified To Be Awarded Small Public Projects Not Subject To Formal Bidding Requirements?
- Are You Protecting Your Lien Rights By Serving A Proper 20-day Notice?
- Are You Shifting From Private Contracts To California Public Works Contracts Due To The Economy?
- Are You Subject To A Bankruptcy Preferential Payment Claim For Your Last Progress Payment
- Are You Taking Advantage Of Methods For Expediting Receipt Of Your Retention?
- Are Your Claims Subject To A Flow-Through Clause?
- Article: Boundary Disputes
- Article: Easements
- Article: Home Improvement (Construction) Contracts
- Article: Legal Representation in Connection with CSLB Claims and Actions and Consumer Claims Against Contractor License Bond
- Article: Partition Actions and the Fractional Interest Property Owner
- Article: Real Property Purchase and Sale Agreements and the “As Is” Provision
- As The Economy Slows The Number Of Construction Bankruptcies Will Rise
- Be Prepared for SB 1159 and COVID-19 Workers Comp Action-Over Claims
- Beacon case opens California architects and engineers to broader liability
- Bidder Prequalification For California Public Works Projects
- Bidders are Entitled To A Due Process Hearing Over Allegedly Incorrect Statements In Public Contract Bids
- Calculating Delay Claims - An Overview Of The Components
- California Appellate Court Apply The Objective Standard To Determine If There Is A Good Faith Dispute For The Purpose Of Prompt Payment Statutes
- California Appellate Court Holds That A Construction Manager On A Privately Owned Project Does Not Need A Contractor's License
- California Appellate Court Holds That A General Contractor Is Responsible For Paying Its Unlicensed Subcontractors Employees Wages
- California Appellate Court Holds That Contractor Must Return All Payments When Qualifier Is Not Acting As A Manager
- California Appellate Court Rules On Prompt Payment Statutes Applicability To Retention
- California Appellate Court Upholds Public Entities Obligation To Have Prime Contractor Post A Payment Bond
- California construction disputes and mediation: FAQs
- California Construction Indemnity Clauses: A Simplified Overview
- California Design Professional Liens: An Overview
- California licensing board targeting unlicensed contractors
- California Mechanics' Liens And Stop Notices: Remedies You Can Use To Improve Collections
- California Public Works Stop Notices: A Primer
- CALIFORNIA STATE RENT CONTROL RESIDENTIAL LANDLORDS AND THEIR RESPONSIBILITIES UNDER THE TENANT PROTECTION ACT (TPA) OF 2019
- California Supreme Court Holds Public Entity Responsible For Nondisclosure Of Material Facts That Impact The Contractor’s Performance
- California Supreme Court Rules That Your Contractor License Must Be In Effect At All Times To Recover Compensation
- California’s current real estate market gives rise to property disputes
- Can A General Contractor Rely On A Subcontractor’s Bid On California Public Works Project?
- Can You Recover for Construction Delays Related to Covid-19 Shelter-in- Place Orders?
- Can You Recover For Construction Delays?
- CDC reports large number of children exposed to dangerous levels of lead
- Change orders are essential to California construction projects
- Choosing a legal entity for a new California construction business
- Co Ownership of Real Property In California
- Construction boom predicted for California Bay Area in 2014
- Construction Claims Checklist
- Construction delays raise legal issues with California building projects
- Construction Project Documentation: A Basic Checklist Of Documents That Should Be Maintained To Prove A Construction Claim
- Contractor Liability For Defects Expands
- Court Confirms Project Owners Cannot Sue Mechanic's Lien Claimants For Slander Of Title merely because claim is found to lack merit.
- COVID-19 A POSSIBLE “FORCE MAJEURE” EVENT CONSTRUCTION CONTRACTS — COMMERCIAL LEASES
- Did You Make A Complete Inspection Of The Site Before You Bid?
- Do Recent Materials Price Increases Threaten Your Bottom Line?
- Does the Arbitration Clause In Your Contract Protect You?
- Does Your California 20-day Preliminary Lien Notice Include A Proper Estimate? If Not, It May Be Invalid
- Does Your Contract Contain A No Damages For Delay Clause? If So, It May Not Be Valid
- Does Your Contract Contain A Termination For Convenience Clause?
- Don't Get Caught In The "Or Equal" Public Contract Trap
- Dot Com Bust Leads To Favorable Result For Tenant Improvement Contractors
- Due to Covid-19 Shelter-in-Place and Stay at Home Orders, The Time to Send Your Delay Notice Is Now
- Escrow Agreement For Security Deposits In Lieu Of Retention
- EXTENDED “VACANCIES” / EXTENDED “UNOCCUPANCIES”THE IMPLICATION OF THE “VACANCY” EXCLUSIONS IN PROPERTY INSURANCEDURING THE COVID-19 PANDEMIC
- Five Situations Where You May Be Able To Avoid A Contractually Mandated Written Change Order
- Has El Niño Adversely Impacted Your Construction Project?
- Have You Acted In Time to Avoid Losing Your Public Works Stop Notice And Payment Bond Claim
- 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.
- Have You Reviewed Your Preliminary Lien Notice Form?
- Hollywood case provides example of easement issues
- How Dare They Record That Mechanic's Lien: Summary Methods To Remove Erroneous And Invalid Mechanic's Liens And Stop Notices
- How Long Are You On The Hook For Defective Workmanship? An Overview Of The Construction Defect Statute Of Limitations
- 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?
- I Have Yet To Be Paid. Do I Still Have Time To Record A Mechanic's Lien?
- Identifying Unfavorable Subcontract Clauses
- If There Are Disputes Concerning Ambiguities In A Contract, Whose Interpretation Should Prevail? An Overview Of Contract Rules Of Interpretation
- If You Record Your Mechanic's Lien Too Early The Lien Is Ineffective
- In light of the Corona Virus Shelter in place Orders, what contract clauses should I review so that I can give timely notice
- Indemnity Clauses: What Are They And What Risks Do I Assume When I Have One In My Contract?
- Introduction to the California Homebuilders’ Right to Repair Act
- Is A SWPP Plan In Your Future?
- Is The Bankruptcy Trustee Demanding That You Return Your Last Progress Payment? What A Contractor Should Know About Preferential Payments
- Letters of Intent
- Mediation: A Means To Obtain An Early Resolution Of A Construction Dispute
- New California Supreme Court Decision Will Impact Contractor Public Works Change Order Claims
- New law makes contractors liable for bad subcontractors
- New Legislation Addresses The Use Of Statutory Lien Releases To Release Stop Notices
- New Supreme Court Case Sets Standard On Contractor Delay Claims For Public Works Contracts
- Our Work Is Being Delayed, What Should I Do?
- Overzealous Claim Prosecution Can Be An Invitation To Liability: A Primer On Avoiding False Claims Acts
- Pitfalls In The Use Of E-mail And Electronic Records
- Prevailing Wage Contract Escape Clauses
- Prompt Payment Statutes Revisited: A Valuable Collection Tool
- Protecting Your Claim On California Public Works Projects: A Primer On Stop Notice And Payment Bond Claims
- Recent Appellate Court Case Addresses Relief For A Material Error In A California Public Works Project Bid.
- Recent California Appellate Court Decision Reaffirms A Key Requirement For Asserting A Mechanic’s Lien
- Recent case on Miller Act Points Out Pitfalls: An Overview On Making Claims for Payment on Federal Projects
- Reliance On A Subcontractor’s Bid on California Public Works Project that has material contract terms that are different than those in the Contractors Subcontractor?
- Relying On A Building Inspector’s Approval Of The Work Does Not Shield The Contractor From Liability
- Remedies Available To The Unpaid Contractor
- Second Place Bidder on Public Works Contract May Sue Winning Bidder for Intentional Interference with Prospective Economic Advantage
- Seek legal advice in a California boundary dispute
- Several appellate cases review California mechanic’s lien procedure
- 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.
- Simplified Private Work Mechanic Lien And Stop Notice Action Guide For Private Work Of Improvement
- Steps to Protecting Your Interests Under Mechanic's Line Or Stop Notice Statutes
- Subcontractor Clause Checklist
- Submitting An Invoice When You Are Not In Compliance With The Contract Requirements For A California Public Works Project Results In False Claims Liability
- Substantial Changes To Preliminary Lien Notices Go Into Effect On January 1, 2004
- The Anatomy Of A Typical Lawsuit
- The Attachment Remedy
- The California Department Of Health Services Issues An Implementation Update For Reporting Mold Standards And Guidelines
- The California Supreme Court Declares "Pay If Paid" Clauses Are Void
- The Indemnity Clause Battle Continues Two New Changes
- The Ins And Outs Of Differing Site Condition Claims
- The Miller Act: An Overview On Making Claims For Payment On Federal Projects
- The New California Construction Defect Laws Changes And How They Relate To Existing Dispute Resolution Procedures
- The Plans Are Incomplete, Now What Do I Do? An Overview Of The Implied Warranty That The Plans Are Complete
- The Right to Repair Act is not the Exclusive Remedy When Actual Damages Are Present
- The role of the mechanics lien in a California construction project
- The State Of California Issues A New Wage Order That Takes Effect On January 1, 2001
- The Subcontractor Listing Laws For California Public Works Projects
- The Use Of A Construction Schedule To Analyze A Delay
- The Uses and Abuses of Joint Checks: An Overview Of the Issues That Arise When You Use Joint Checks
- Things You Need To Consider To Avoid Being Scammed Or Ripped Off In The Wake Of The Northern California Fires
- Three Day (3-Day) Notices And Unlawful Detainer (Eviction) Proceedings
- Timing Is Everything When It Comes To Enforcing Mechanics Liens
- Too Many Change Orders May Provide The Basis For Abandoning The Construction Contract
- Two Recent Changes In The Law Affect Public Works Bids And Preliminary Lien Notices
- U.S. Supreme Court Upholds California's Prevailing Wage Statute
- Using Project Documentation: A Simple Format For A Construction Claim
- We Have Made A Material Error In Our Bid. Can We Revoke It?
- What Amounts Can Be Included In Your Mechanic's Lien?
- What Can You Do If You Dispute A Public Works Stop Notice
- What Happened To The One Year Guarantee? Rather, Did it Ever Exist?
- What type of construction contract should I use?
- When Does The Time For Serving A Public Works Stop Notice Expire?
- Why Am I Being Required To Provide An Additional Insured Endorsement? An Overview of Insurance and Indemnity Clauses
- Blog
- Business Formations, Transactions And Litigation
- Construction Claims
- Construction Contracts
- Construction Defects
- Construction Law Overview
- Construction-Related Disputes
- Contact
- Disclaimer
- Home
- Litigation And Alternative Dispute Resolution
- Our Attorneys
- Privacy Policy
- Real Estate Law
- San Mateo Law Office
- Site Map
- Thank You
Landing Pages
Blog Posts
- “P3” Bill Signed by Governor Brown
- “Type 1” indemnity clauses in commercial construction contracts now banned in California
- 2008 Annual California Construction Law Update
- 2008 Update SB 1691: The Mechanics Lien Law That Is Before the Legislature
- 2009 Annual California Construction Appellate Court Update
- 2016 SUMMARY OF NEW CALIFORNIA LAWS THAT MAY IMPACT THE CONSTRUCTION INDUSTRY
- 3 tools to remedy a construction payment dispute
- 7 tips for drafting strong construction contracts
- A 2009 Update On New California Laws That May Impact the Construction Industry
- A 2010 UPDATE ON NEW CALIFORNIA LAWS THAT IMPACT THE CONSTRUCTION INDUSTRY
- A private works bonded stop notice could be invalidated as a result of a clerical error in stating the claim amount
- A Recent Appellate Court Decision Significantly Impacts A Subcontractor’s Means for Recovering California Prompt Payment Penalties
- A sole proprietor contractor who uses wrong business name on contract is not barred from seeking payment under license laws
- An Overview of the Additional Legal Exposure For Green Building Projects
- Appellate Court Affirms that Oral Agreement for Home Improvement Project May Be Enforced Against “Sophisticated Homeowner” Notwithstanding Business & Professions Code Requirement that All Home Improvement Contracts Be in Writing
- Are delays on a construction site excusable or inexcusable?
- Are You Prepared For The 2012 Changes to California Lien Laws?
- Avoid these common causes of construction disputes
- Be Prepared for SB 1159 and COVID-19 Workers Comp Action-Over Claims
- Beginning in January 2011 a Lis Pendens Will Become a Mandatory Element to Enforcing a Mechanic’s Lien
- Beginning in January 2011 Mechanic’s Lien Claimants will be Required to Serve Project Owners a Specified Notice Before Recording Their Lien
- Cal/OSHA Will Step-Up Inspections at Bay Area Construction Sites
- California Appellate Court Holds That A Construction Manager on a Privately Owned Project Does Not Need a Contractor’s License
- California Appellate Court Holds That A General Contractor is Responsible for Paying Its Unlicensed Subcontractors Employees Wages
- California Appellate Court Holds That A General Contractor is Responsible for Paying Its Unlicensed Subcontractors Employees Wages
- California Appellate Court Holds That Contractor Must Return All Payments When Qualifier is Not Acting as a Manager
- California Contractor’s License Bond Amount Increased Effective January 1, 2016
- Can a project owner sue a contractor for slander of title on the basis that the contractor’s mechanic’s lien lacks merit? The answer is no
- CAUTION WHEN ENTERING INTO LEASE-LEASEBACK CONSTRUCTION CONTRACTS WITH SCHOOL DISTRICTS
- Class A (General Engineering) licensed subcontractor deemed duly licensed even though the contract required C-12 license (Earthwork and Paving)
- Communication tips for contractors
- COMPENDIUM OF 2007 CALIFORNIA APPELLATE COURT CASES THAT CONCERN CONSTRUCTION LAW
- COMPILATION OF NEW 2008 CALIFORNIA CONSTRUCTION RELATED LAWS
- Contractors should be aware of new EPA lead paint regulations, to be enforced beginning in October 2010
- Could California Private Works Stop Notice Claims Be Challenged on Basis That State Stop Notice Law is Preempted by Federal Lending Regulations?
- Court confirms designers may be liable to HOAs for defects under tort law and SB 800
- Department of Industrial Relations: Current Events
- Developers must be aware of municipal environmental ordinances
- Don’t Toss That Thermostat!
- E-Verify Now Live
- Eleventh Circuit Court of Appeals defines Structural Damage as Damage to a Building’s Structural Integrity. Hegel v. First Liberty Ins. Corp., (11th Cir. Feb. 27, 2015) 2015 WL 821146
- Excavation – Register or Beware the Penalties
- Expansion of public-private partnership model survives court challenge in Doyle Drive/Presidio Parkway case
- Failure to Report Judgments to the CSLB Will Result in Severe Consequences.
- Federal contractors are now required to post a new labor law notice for employees
- Federal Public Works Contractors Will Now Be Vetted Through A Central “Responsibility” Database, and Must Meet New Self-Reporting Requirements
- Government Contractor Has False Claims Liability for Submitting Invoice When Not In Material Compliance
- Governor Brown has signed SB 474 into law. Type I indemnity provisions will be restricted in contracts signed after January 1, 2013.
- 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.
- How can I prevent the contractor from requesting too many change orders?
- How do change orders work?
- How to handle a commercial lease dispute
- I Forgot To File A Legal Action to Foreclose On My Mechanics Lien
- If proposed law passes successful bid protestors may be able to recovery attorney’s fees
- Important changes to lien claim laws become effective July 1, 2012
- It’s the Result that Matters…
- Knowingly underbidding a federal contract could amount to a false claim, resulting in a claim under the False Claims Act
- Legislation is being proposed to ensure fairness in indemnity agreements
- Low bidder denied project after listed DVBE subcontractor found lacking a “commercially useful function”
- Mask Mandates are Returning: What the Construction Industry Should be Aware Of.
- Material supplier construction disputes
- Mechanics Liens, Stop Notices and Payment Bonds
- New Requirement that All Contractors and Subcontractors Bidding on Public Works Projects Be Register with the Department of Industrial Relations
- News laws impacting the construction industry become effective in 2013
- Path cleared for CSLB to issue contractor’s licenses to limited liability companies
- Prejudgment Interest is Set at 7% on a Mechanic’s Lien Claim Against Non-Contracting, Innocent Owners
- Protecting your business with solid contracts
- Public Works and Prevailing Wage Concerns…AB 1336
- Public Works Contracting-Liquidated damages
- Pull Your Permits!
- Revised NPDES Standards Published
- SB 293 was approved by the California legislators and is headed to the Governor
- Should you negotiate your commercial lease?
- Strict Compliance with Statutory Provisions Governing Proof of Service of 20-Day Preliminary Notice is Not Required
- The California Contractor State License Board’s basic process when a homeowner files a complaint
- The Right to Repair Act is not the Exclusive Remedy When Actual Damages are Present
- The role expert determination plays in construction disputes
- The Small Business Administration Raises the Size Standards for the Construction Industry
- The Subletting and Subcontracting Fair Practices Act goes into Effect on July 1, 2014
- What’s Inconsequential in a Bid for a Public Contract?
- Why do you need business contracts?
- Withdrawing a Mistaken Bid
- Wood Dust now classified as toxic under Proposition 65. Facilities and products containing wood dust must now include a Proposition 65 warning.