Jacob Zahniser | Miller Nash Construction is a document-intensive industry. Construction disputes are equally document-intensive. Given the critical role of written documentation in preserving and resolving construction claims, it is essential that construction companies adequately train the people who create and manage written documentation. Otherwise, evidentiary challenges could sink an otherwise meritorious claim or defense.… Continue reading What do the Rules of Evidence Have to Do With Documenting a Construction Claim? Everything.
Category: Construction Law
Facing A Deposition: Tips And Strategies
Christopher Mills | Jones & Keller So you’re going to be deposed. How do you prepare? The answer, in part, depends on what type of deposition you are facing. There are several different kinds, including: Those of an individual who is a party to the case A representative of a corporate entity who is a… Continue reading Facing A Deposition: Tips And Strategies
What Is “Substantial Completion” and Why Does It Matter?
Emily M. Coffey, Casandra M. Langstaff and J. Daniel Weidner | Koley Jessen What is “Substantial Completion”? In the realm of construction law, the concept of “substantial completion,” also referred to as “substantial performance,” is of critical importance. The point in time at which substantial completion is achieved for a project has a number of… Continue reading What Is “Substantial Completion” and Why Does It Matter?
Professor Senet’s List of 25 Decisions Every California Construction Lawyer Should Know:
Ted Senet | Gibbs Giden Aas v. Superior Court (2000) 24 Cal. 4th 627 – economic loss rule Amelco Electric v. City of Thousand Oaks ( (2002) 27 Cal. 4th 228 – abandonment does not apply to public works – total cost theory is allowed Beacon Residential Community Association v. Skidmore, Owings & Merrill (2014) 59 Cal. 4th… Continue reading Professor Senet’s List of 25 Decisions Every California Construction Lawyer Should Know:
Winning Attorney Fees in Litigation as a California Construction Contractor or Subcontractor
William L. Porter | Porter Law Group The General Rule in California: The Winner Does NOT Receive Attorney Fees and Costs: There is a common misconception that court decisions require the loser in a lawsuit to reimburse the winner for the fees and costs incurred during the lawsuit. Reliance on this misconception in developing a… Continue reading Winning Attorney Fees in Litigation as a California Construction Contractor or Subcontractor