Governor Brown recently approved Assembly Bill 164 on August 13, 2013 which ensures that "P3" construction projects are completed and all interested persons receive payment. P3 (Public-private partnerships, also known as Alternative Financing and Procurement) projects...
Starting on July 1, 2013 a new set of rules come into play to tackle the disposal of out-of-service thermostats containing mercury. These rules specifically target C-20 (Warm-Air Heating, Ventilating and Air Conditioning) and C-21 (Building Moving Demolition) license...
The Contractors State License Board (CSLB) will bring a disciplinary action if you fail to pull the building permits on construction projects. This can result in suspension, or even revocation, of your business license (Bus. & Prof. Code section 7090). Permits are...
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...
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,...