Matthew T. Porter | Smith Currie & Hancock Eisenberg Village of the Los Angeles Jewish Home for the Aging v. Suffolk Construction Company, Inc. (2020) 53 Cal.App.5th 1201. Under California Business and Professions Code section 7031(b), “a person who utilizes the services of an unlicensed contractor may bring an action … to recover all compensation paid to… Continue reading Owner Disgorgement Claims Against Unlicensed Contractors Given Short Statute of Limitations
Category: Construction Claims
Documentation: A Key to Preventing and Winning Construction Claims
Kent B. Scott | Babcock Scott & Babcock Both practically and legally, a picture is worth a thousand words. In both the construction and legal industries, attempting to resolve issues based on oral conversations can be a recipe for further conflict. This is because it is inherently difficult to determine the truth in a… Continue reading Documentation: A Key to Preventing and Winning Construction Claims
No Longer in the Dark: A Primer on the Distinction between Delay and Disruption Damages in a Construction Dispute
Matthew DeVries | Best Practices Construction Law If you are left in the dark about something, you don’t have the information you should have to make an informed decision. Delay claims on a construction can be confusing, especially when you think about the delay to the work being performed and the disruption to other activities.… Continue reading No Longer in the Dark: A Primer on the Distinction between Delay and Disruption Damages in a Construction Dispute
Stop in the Name of Releases, Before they Break Your Claims
Amy Elizabeth | International Law Office Given the uncertainty that COVID-19 has brought to federal projects, it is imperative now more than ever that contractors preserve rights to potential claims at all turns. Fortunately, with careful reading and documentation, contractors can satisfy the government’s desire for releases while preserving their claims. A recent Armed Services… Continue reading Stop in the Name of Releases, Before they Break Your Claims
Washington Appellate Court Reaffirms Rule That Contractors’ Defense of Deficient Plans or Specifications Must be the Sole Cause of the Breach in Order to Shield Contractors From Liability
Geoff F. Palachuk | Lane Powell A contractor sued for breach of contract for construction defects will often assert an affirmative defense that the owner supplied deficient plans or specifications. Because that defense operates to completely shield the contractor from liability for alleged defects, Division One of the Washington Court of Appeals has reaffirmed the… Continue reading Washington Appellate Court Reaffirms Rule That Contractors’ Defense of Deficient Plans or Specifications Must be the Sole Cause of the Breach in Order to Shield Contractors From Liability