Jennifer Hoffman | Zelle LLP | May 4, 2018 Mother Nature recently reminded California, as she often does, of how cruel she can be. In December 2017, the state experienced its largest wildfire in history.[1] The wildfire, known as the Thomas Fire, burned more than 281,000 acres in Southern California and destroyed more than 1,000… Continue reading Calif. Landslides Prompt ‘Efficient Proximate Cause’ Rehash
Tag: california
In a Win for Property Owners California Court Expands and Clarifies Privette Doctrine
Garret Murai | California Construction Law Blog | March 21, 2018 We’ve written before about the Privette doctrine, which generally holds that a higher-tiered party is not liable for injuries sustained by employees of a lower-tiered party under the peculiar risk doctrine, here, here, here and here. We’ve also talked about some of the exceptions to the Privette doctrine, including the non-delegable duty doctrine and the negligent… Continue reading In a Win for Property Owners California Court Expands and Clarifies Privette Doctrine
Federal Circuit Affirms Absence of Differing Site Condition But Remands for Delay Claim
Katherine E. Kohm | The Dispute Resolver | March 23, 2018 The case Meridian Eng’g Co. v. United States, No. 2017-1584, 2018 WL 1386147, at *10 (Fed. Cir. Mar. 20, 2018) concerned a dispute between the federal government and a contractor related to the construction of flood control structures and the relocation of a sewer line in Chula Vista near San Diego, California. After… Continue reading Federal Circuit Affirms Absence of Differing Site Condition But Remands for Delay Claim
Construction Defect Claims at Common Interest Developments
Alex M. Chazen and Jason Daniel Feld | Kahana & Feld LLP | March 8, 2018 A homeowners’ association (“HOA”) governing common interest developments is subject to a different set of requirements for construction defect claims as opposed to single-family developments. In 1995, the California legislature enacted the Calderon Act (formerly CA Civil Code §1374) which set… Continue reading Construction Defect Claims at Common Interest Developments
Appraiser Declarations Inadmissible When Offered to Challenge the Merits of an Appraisal Award
Christopher Kendrick and Valerie A. Moore | Haight Brown & Bonesteel | March 1, 2018 In Khorsand v. Liberty Mutual Fire Ins. Co. (No. B280273, filed 2/27/18), a California appeals court affirmed an appraisal award favorable to a homeowners insurer, ruling that it was improper to admit as evidence in opposition to a petition to confirm the… Continue reading Appraiser Declarations Inadmissible When Offered to Challenge the Merits of an Appraisal Award