Progressive Design-Build Takes Another Step Forward in California

Mary Salamone | Procopio, Cory, Hargreaves & Savitch Legislators have gradually expanded local agencies’ authority to procure construction projects over the last couple of decades by using various alternatives to the design-bid-build delivery method, which requires that contracts are awarded to the lowest responsible bidder. Recently, California took another step forward in this regard. On… Continue reading Progressive Design-Build Takes Another Step Forward in California

Architect, Engineer, and Design Professional Liens in California: A Different Animal than the Mechanics’ Lien

William L. Porter | Porter Law Group Most in the construction industry are familiar with the rules governing California mechanics’ liens.  They know that the Preliminary Notice of Civil Code Section 8034 and 8200-8216 is an important foundational prerequisite document and that the deadline to record a mechanics’ lien is generally triggered by events occurring at… Continue reading Architect, Engineer, and Design Professional Liens in California: A Different Animal than the Mechanics’ Lien

California Bars General Contractors From Collecting Compensation for Work Performed by Unlicensed Subcontractors

Cary Jones and Kennedy Williams | Snell & Wilmer On May 13, 2022, the California Court of Appeal for the Sixth Appellate District issued its opinion in Sally Kim et al., v. TWA Construction Inc., et al, finally resolving a long-standing issue: the Court of Appeal held for the first time that California Business and Professions… Continue reading California Bars General Contractors From Collecting Compensation for Work Performed by Unlicensed Subcontractors

California Supreme Court Rejects Third Exception to Privette Doctrine

Brad Vornholt and Joelle Nelson | Lewis Brisbois In Gonzalez v. Mathis (August 19, 2021) 12 Cal. 5th 29, the California Supreme Court considered whether to create a third exception to the Privette Doctrine specific to known hazards on a worksite, when a contractor cannot remedy the hazard by taking reasonable safety precautions to protect against it. Privette Background Under… Continue reading California Supreme Court Rejects Third Exception to Privette Doctrine

California Appellate Court Rules That Mistakenly Grading The Wrong Land Is Not An Accident

Jared De Jong and Scott S. Thomas | Payne & Fears In a decision that further muddies the already murky waters of “occurrence” jurisprudence, the California Court of Appeal has ruled that a general liability policy does not cover a homeowner who mistakenly grades the wrong piece of land because the act of grading land… Continue reading California Appellate Court Rules That Mistakenly Grading The Wrong Land Is Not An Accident