Tred R. Eyerly | Insurance Law Hawaii | January 11, 2017 The California Court of Appeal overturned the trial court’s issuance of summary judgment based upon the possibility of continuing property damage during the insurer’s policy period. Tidwell Enters. v. Fin. Pac. Ins. Co., 2016 Cal. App. LEXIS 1038 (Cal. Ct. App. Nov. 29, 2016).… Continue reading Insurer Must Defend Where Possible Continuing Property Damage Occurred
Tag: california
Court Finds No Occurrence for Installation of Defective Flooring and Explains Coverage for Attorney Fee Awards
Christopher Kendrick and Valerie A. Moore | Haight Brown & Bonsteel | December 29, 2016 In Navigators Specialty Ins. Co. v. Moorefield Const. (No.G050759, filed 12/27/16), a California appeals court held that the knowing installation of flooring over a vapor-emitting slab was not an accident or occurrence, entitling the insurer to reimbursement of money paid… Continue reading Court Finds No Occurrence for Installation of Defective Flooring and Explains Coverage for Attorney Fee Awards
Construction Injuries Under the Privette Doctrine. An Electrifying, but Perhaps Not Particularly Shocking, Story . . .
Garret Murai | California Construction Law Blog | January 3, 2017 We’ve talked about the Privette doctrine before (see here, here, and here). The Privette doctrine, named after the court case Privette v. Superior Court (1993) 5 Cal.4th 689, provides in general that project owners and contractors are not responsible for worksite injuries suffered by employees of lower-tiered contractors they have… Continue reading Construction Injuries Under the Privette Doctrine. An Electrifying, but Perhaps Not Particularly Shocking, Story . . .
After Sixty Years, Subcontractors are Back in the Driver’s Seat in Bidding on California Construction Projects
William L Porter | Porter Law Group | September 2016 For almost the last sixty years, the standard for bidding on California construction projects has been governed by the landmark case of Drennan v. Star Paving (1958) 51 Cal.2d 409; which generally states that the contractor bidding to perform work for a project owner is… Continue reading After Sixty Years, Subcontractors are Back in the Driver’s Seat in Bidding on California Construction Projects
California Court Limits Recovery for General Contractors Relying on Subcontractor Bids
Marion T. Hack | Pepper Hamilton LLP | August 1, 2016 The court’s decision allows subcontractors to place unforgiving terms in their bids and gives them an ultimate out if general contractors do not agree to those terms. General contractors should pay attention to a recent decision from the California Court of Appeals regarding damages… Continue reading California Court Limits Recovery for General Contractors Relying on Subcontractor Bids