Garret Murai | California Construction Law Blog Earlier this year I filed a complaint in a court which I won’t identify other than to say that it wasn’t the San Francisco Superior Court. Immediately upon filing the complaint the Court gave notice of a trial date. As counsel for the party bringing the action, I… Continue reading Deadlines. . . They’re Important. Project Owner Risks Losing Claim By Failing to Timely Identify “Doe” Defendant
Tag: california
A Development Agreement Is A Contract And Can Alter Map “Vested Rights”
Kevin Brodehl | Patton Sullivan Brodehl Most developers are familiar with the notion that under California’s Subdivision Map Act, the vesting tentative map statutes provide a way of fixing a developer’s rights. Put simply, obtaining a vesting tentative map allows a builder to rely on the regulations, conditions, and fees existing at the project planning… Continue reading A Development Agreement Is A Contract And Can Alter Map “Vested Rights”
Court Holds That One-Year SOL Applies to Disgorgement Claims Under B&P Section 7031
Garret Murai | California Constructin Law Blog We’ve talked before about Business and Professions Code section 7031 which courts have referred to as “harsh[ ],” “unjust[ ]” and even “draconian.” Under Section 7031, a contractor performing work requiring a contractor’s license, but who doesn’t: (1) is prohibited from suing to recover payment for work performed;… Continue reading Court Holds That One-Year SOL Applies to Disgorgement Claims Under B&P Section 7031
You May Be Able to Dodge a Bullet, But Not a Gatling Gun
Garret Murai | California Construction Law Blog In the days before cable, and long before Netflix, I watched my fair share of spaghetti westerns on lazy weekend afternoons. Bullets zinging past cowboys, knocking off hats, and ricocheting off rocks. But while you might get lucky and dodge a bullet, not so with a Gatling gun.*… Continue reading You May Be Able to Dodge a Bullet, But Not a Gatling Gun
Landmark Contractor Licensing Case Limits Disgorgement Remedy in California
Candace Matson | Construction & Infrastructure Law Blog Contractors performing work in California are required to be licensed by the California State License Board (“CSLB”). Cal. Bus. & Prof. Code §7065. Except for sole proprietors, contractors are typically licensed through “qualifiers,” i.e., officers or employees who take a licensing exam and meet other requirements to… Continue reading Landmark Contractor Licensing Case Limits Disgorgement Remedy in California