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The recent 9th Circuit federal appeals case of Nyle J. Hooper vs. Lockheed Martin Corp. confirmed that a bidder could be subject to a false claims action under the federal False Claim Act (?FCA?) after knowingly underbidding a cost-plus bid. The FCA (1 U.S.C. ??3729...
A new California appellate court opinion (Beacon Residential Community Association v. Skidmore, Owings & Merrill LLP et al), issued December 13, 2012, confirms that construction design professionals may be held liable to third parties, including homeowners...
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...