John Mark Goodman | BuildSmart A federal judge in Oregon has tossed a subcontractor’s unjust enrichment or “quantum meruit” claim against the owner because the subcontractor did not first exhaust its contractual remedies against the contractor. Exhaustion of remedies is a common legal doctrine that generally requires parties to pursue relief in a particular order. In… Continue reading Exhaustion of Remedies: Owner Defeats Subcontractor’s Unjust Enrichment Claim
Category: Construction Law
Timely Filed, Wrongly Rejected: Court of Appeal Reinforces Summary Judgment Rights
Haight Brown & Bonesteel In CFP BDA, LLC v. Superior Court (2025), the California Court of Appeal, Fourth Appellate District, Division Two (Riverside), issued a published opinion that clarifies a recurring procedural dilemma in civil litigation: whether trial courts may deny a timely motion for summary judgment based solely on local calendaring rules. The Court held they… Continue reading Timely Filed, Wrongly Rejected: Court of Appeal Reinforces Summary Judgment Rights
Imagining Coverage Litigation In The Age Of Artificial Intelligence
Daniel E. Tranen | Wilson Elser My dear Miss Glory, the Robots are not people. Mechanically they are more perfect than we are; they have an enormously developed intelligence, but they have no soul.1 This quote was used at the outset of Bunce v. Visual Tech. Innovations, Inc.2– a recent case involving a lawyer who used… Continue reading Imagining Coverage Litigation In The Age Of Artificial Intelligence
At the Border of Contract and Torts in Construction Disputes
Garret Murai | California Construction Law Blog “The declining significance of privity has found its way to construction law.” So begins the 4th District Court of Appeal’s decision in Lynch v. Peter & Associates, Engineers, Geologists, Surveyors, Inc., 104 Cal.App.5th 1181 (2024). The case addresses the legal duty of care owed by construction professionals – specifically… Continue reading At the Border of Contract and Torts in Construction Disputes
3 Things to Know About Intellectual Property in Construction Law
James Foley | Clark Hill When most people think about construction law, they picture contracts, building codes, and zoning disputes, not copyrights and patents. But if you’re in the construction industry, whether you’re a general contractor, architect, engineer, or product supplier, there’s a good chance you’re creating or using intellectual property (IP) every day. As… Continue reading 3 Things to Know About Intellectual Property in Construction Law