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”
Tag: california
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
AB 2257: California Rewrites Independent Contractor Law…Again
Kelly O. Scott | ECJ Blogs As promised, Governor Newsom signed Assembly Bill 2257 which effectively rewrites Assembly Bill 5, the flawed law which sought to codify and clarify the California Supreme Court’s ruling in Dynamex Operations West, Inc. v. Superior Court and took effect on January 1, 2020. AB 2257 became effective upon signature. At approximately… Continue reading AB 2257: California Rewrites Independent Contractor Law…Again