William Boerler | The Subrogation Strategist In Hensel Phelps Constr. Co. v. Superior Court, 257 Cal. Rptr. 3d 746 (Cal. Ct. App. 2020), the Court of Appeals of California, Fourth Appellate District, addressed whether a party’s contractual definition of the phrase “substantial completion” controlled the trigger date for California’s construction-related statute of repose, Cal. Civ. Code… Continue reading Parties’ Agreement Doesn’t Pull the Trigger on California’s Statute of Repose
Tag: california
Sometimes You Just Need to Call it Day: Court Finds That Contractor Not Entitled to Recover Costs After Public Works Contract is Invalidated
Garret Murai | California Construction Law Blog January was a tough month in the courts for Hensel Phelps Construction Company. Hot off the heels of Hensel Phelps Construction Co. v. Superior Court, a case concerning the 10-year statute of limitations under Civil Code section 941, comes Hensel Phelps Construction Co. v. California Department of Corrections and Rehabilitation,… Continue reading Sometimes You Just Need to Call it Day: Court Finds That Contractor Not Entitled to Recover Costs After Public Works Contract is Invalidated
AB5 Construction Exemption – A Checklist To Avoid Application Of AB5’s Three-Part Test
Blake A. Dillion | Payne & Fears Construction companies have a unique opportunity to avoid the application of the restrictive new independent contractors’ law that took effect this year. This article provides a checklist that will help construction companies determine whether their relationships with subcontractors qualify for this exemption. California’s Assembly Bill 5 (“AB5”), which… Continue reading AB5 Construction Exemption – A Checklist To Avoid Application Of AB5’s Three-Part Test
California Appellate Court Confirms: Additional Insureds Are First-Class Citizens
Scott Thomas | Payne & Fears Many businesses shift risk by requiring others with whom they do business – e.g., vendors, subcontractors, suppliers, and others – to procure insurance on their behalf by making the business an “additional insured” under the other person’s liability insurance policy. Unfortunately, insurance companies sometimes treat these additional insureds as… Continue reading California Appellate Court Confirms: Additional Insureds Are First-Class Citizens
The Shifting Sands of Alternative Dispute Resolution
Tim Scully | Porter Law Group In California there are few tools which work to protect the employer, and California employers may have just lost another one. On October 10, 2019, Governor Gavin Newson signed into law AB 51, which bans the use of mandatory arbitration agreements in employment contracts. More specifically, AB 51 adds… Continue reading The Shifting Sands of Alternative Dispute Resolution