Garret Murai | California Construction Law Blog People do the darnedest things. The next case, Carmel Development Company v. Anderson, Case No. H041005, 6th District Court of Appeals (April 30, 2020), involving a 10-plus year oral design and construction contract, inconsistent accounting practices, two mechanics liens, and side-agreements, takes us down some well traveled paths but… Continue reading California Mechanics’ Lien Case Treads Both Old and New Ground
Tag: california
In California, It’s Time to Revisit Your “Pay-When-Paid” Contract Clause
Michael Barker | Snell & Wilmer In California, the “pay-when-paid” contract language typically found in general contractor’s subcontractor agreement may no longer be enforceable. A contract provision requiring a subcontractor to wait until the general contractor concluded its litigation with the owner before it could seek payment on a payment bond was held unenforceable as… Continue reading In California, It’s Time to Revisit Your “Pay-When-Paid” Contract Clause
Judicial Council Ends Tolling Of Statute Of Limitations To Bring Civil Suits, Effective Aug. 3
Jennifer Hernandez, Daniel Golub and paloma Perez-McEvoy | Holland & Knight The California State Judicial Council amended California Rule of Court, Emergency Rule No. 9, on May 29, 2020, lifting its previously adopted indefinite tolling of the limitation period to bring civil lawsuits. The amended rule now provides that limitation periods of 180 days or less… Continue reading Judicial Council Ends Tolling Of Statute Of Limitations To Bring Civil Suits, Effective Aug. 3
California Issues Draft Guidance for Vapor Intrusion to Indoor Air
Brian Moskal | Greenberg Glusker California environmental agencies recently issued a draft vaporintrusion guidance document that will significantly impact theinvestigation and remediation of environmentally impactedproperties by owners, operators and potential buyers. The guidance document will also impact real estate deals anddevelopment involving those properties. The California State Water Resources Control Board, San FranciscoRegional Water Quality… Continue reading California Issues Draft Guidance for Vapor Intrusion to Indoor Air
General Contractors: The Payment Provisions in Your Subcontracts May Have Just Been Determined to be Unenforceable
Scott Halberstadt | TALG While it has been more than twenty years since the California Supreme Court determined, in Wm. R. Clarke Corp. v. Safeco Ins. Co., that “pay-if-paid” provisions in subcontracts were unenforceable, following a recent decision from the Court of Appeal, Fourth Appellate District, general contractors, or any other contractors that contract directly with owners,… Continue reading General Contractors: The Payment Provisions in Your Subcontracts May Have Just Been Determined to be Unenforceable