Matthew DeVries | Best Practices Construction Law While most states have enacted various forms of prompt payment laws for construction projects, California Senate Bill 440, known as the Private Works Change Order Fair Payment Act, marks a pivotal change in how payment obligations related to change orders are handled on private construction projects. Signed into law on October… Continue reading California’s Fair Payment Act: What Every Owner, Developer, and Contractor Should Know About SB 440
Tag: california
No Cross-Complaint Needed: Contractor Can Fight Co-Defendant’s Summary Judgment
Keith E. Smith | Wood Smith Henning & Berman In a decision of first impression, the California Court of Appeal in RND Contractors, Inc. v. WRSE (2025) 112 Cal.App.5th 697, clarified whether a co-defendant may oppose another defendant’s motion for summary judgment without having first filed a cross-complaint. The case arose from the collapse of a high school… Continue reading No Cross-Complaint Needed: Contractor Can Fight Co-Defendant’s Summary Judgment
Call Me Maybe: California’s Fair Claims Settlement Practices Regulations
Garrett Murai | California Construction Law Blog It’s not uncommon in construction claims for there to be Insurance and bond issues, whether it’s tendering a claim to your insurer, or claims against a license, payment, or performance bond. Insurance Code section 790.03 sets forth sixteen (16) unfair claims settlement practices by insurers and sureties including:… Continue reading Call Me Maybe: California’s Fair Claims Settlement Practices Regulations
California’s Ambitious New Bill Overhauls the State’s Approach to Wildfires
Willis Hon and Bradford B. Kuhn | Nossaman In the wake of the January 2025 wildfires that devastated Southern California, the State adopted Assembly Bill 254 (2025, Becker) aimed primarily at expanding the existing Wildfire Fund meant to facilitate payments for eligible claims related to wildfires caused by electric utility infrastructure. This expansive bill—introduced in the waning… Continue reading California’s Ambitious New Bill Overhauls the State’s Approach to Wildfires
New California Law Caps Retention for Private Construction Projects
John Brucker, Scott Greer and Gregg Jacobson | King & Spalding California has enacted Senate Bill 61 (“SB-61”), a significant piece of legislation that directly impacts owners and developers of private construction projects in the state. Signed into law on July 24, 2025, SB-61 establishes a mandatory cap on retention payments for most private construction… Continue reading New California Law Caps Retention for Private Construction Projects