Construction Litigation Roundup: “Nearly Smoked Out!”

Daniel Lund III | Phelps Dunbar A concrete subcontractor on a Buc-ee’s project in Alabama filed a lien in excess of $1.6 million. The sub then initiated suit against the general contractor, its surety, and Buc-ee’s. At the trial court, the sub’s claims were chopped down completely, on the basis that the sub was suing… Continue reading Construction Litigation Roundup: “Nearly Smoked Out!”

California Bars General Contractors From Collecting Compensation for Work Performed by Unlicensed Subcontractors

Cary Jones and Kennedy Williams | Snell & Wilmer On May 13, 2022, the California Court of Appeal for the Sixth Appellate District issued its opinion in Sally Kim et al., v. TWA Construction Inc., et al, finally resolving a long-standing issue: the Court of Appeal held for the first time that California Business and Professions… Continue reading California Bars General Contractors From Collecting Compensation for Work Performed by Unlicensed Subcontractors

No License, No Contract, No Claim

Jeffrey MacHarg | Fox Rothschild LLP Can an unlicensed general contractor enforce a construction contract in North Carolina? “No,” and as Judge Conrad explains, “[t]his is an unyielding rule.” JCG & Associates, LLC vs. Disaster America USA, LLC, 2021 NCBC Order 76 (N.C. Super. Ct. Dec. 9, 2021) involved a dispute between several Brunswick county homeowners and… Continue reading No License, No Contract, No Claim

The Dangers of an Unlicensed Contractor from Every Angle

William L. Porter | Porter Law Group The Dangers of an Unlicensed Contractor from Every Angle The State of California requires that contractors in the building trades be licensed.  Individuals and business entities obtain their contractors licenses by demonstrating to the California Contractors State License Board that they have the requisite knowledge, skill, and experience… Continue reading The Dangers of an Unlicensed Contractor from Every Angle

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

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